Parmeshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82499 of 2019 Arising Out of PS. Case No.-200 Year-2019 Thana- MANER District- Patna ====================================================== PARMESHWAR RAI S/o Late Nand Kishore Rai R/o village- Nilkanth Tola Goraisthan, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Maner P.S. Case No. 200 of 2019 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 302,120(B) of the Indian Penal Code and 27 of the Arms Act. Informant has alleged that FIR named accused came to his house and started indiscriminate firing and there is specific allegation against Bihari Rai of firing upon his son, as a result of which he died. As far as allegation against petitioner is that he caught hold the deceased son of informant and he was carrying a rifle with him.

It has been submitted on behalf of petitioner that petitioner has been falsely implicated in this case due to family

Patna High Court CR. MISC. No.82499 of 2019(2) dt.12-12-2019 2/2 feud and previous enimity and there is no allegation of causing any assault on deceased. Petitioner is in custody since 22.04.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Maner P.S. Case No. 200 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T