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Patna High CourtCR. MISC./76485/2019bail granted

Ajay Rai v. The State Of Bihar

2020-03-06Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76485 of 2019 Arising Out of PS. Case No.-88 Year-2018 Thana- AMNAUR District- Saran ====================================================== Ajay Rai, S/o Sambabu Rai R/o village- Bhagwatpur, P.S.- Amnaur, DistrictSaran ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking anticipatory bail in connection with Amnaur P.S. Case No.88 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354, 452, 436 and 504 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that in course of investigation no independent witness has come forward to support the prosecution story.

Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.76485 of 2019(3) dt.06-03-2020 2/3 wherein it is the submission of learned counsel for the petitioner that there is a general and omnibus kind of allegation against the petitioner of setting fire the hut of the informant, he is a school teacher and in course of investigastion no independent witness has come forward to support the prosecution story and/or that the petitioner has further indulged in committing any kind of assault and the submission of learned counsel for the petitioner has not been controverted by learned APP for the State, let the petitioner in the event of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- II, Saran at Chapra in connection with Amnaur P.S. Case No.88 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police

Patna High Court CR. MISC. No.76485 of 2019(3) dt.06-03-2020 3/3 officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T