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Patna High CourtCR. MISC./80259/2019bail granted

Akhilesh Rai v. The State Of Bihar

2020-01-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80259 of 2019 Arising Out of PS. Case No.-344 Year-2019 Thana- MADHAURAH District- Saran ====================================================== Akhilesh Rai Son of Birendra Rai Resident of Village - Chanda, P.S.- Gaura O.P. Marhaura, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhilesh Kumar For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Marhaura (Gaura O.P.) P.S.Case No.344 of 2019 instituted for the offences punishable under Sections 341, 323, 307, 324, 325, 506, 504 and 34 of the Indian Penal Code.

Petitioner allegedly assaulted with farsa at the head of the informant causing injury.

Submission is that the petitioner has got no criminal antecedent. Land dispute between two neighbours is reason for false implication. Petitioner is in custody since 12.10.2019. Investigation of the case is already complete. Learned counsel for the informant opposed the prayer for bail on the ground that there is direct allegation of

Patna High Court CR. MISC. No.80259 of 2019(2) dt.13-01-2020 2/2 commission of murderous assault against the petitioner. Considering the entire facts especially the fact that the investigation of the case is already complete and there is no material to suggest that the petitioner is going to tamper with the evidence or abscond the process of law, let the above named petitioner be released on regular bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhaura (Gaura O.P.) P.S.Case No.344 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner and also that the petitioner shall not leave the country without permission of the Court.

(Birendra Kumar, J) B.Kr./- U T