Kirani Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48161 of 2018 Arising Out of PS.Case No. -378 Year- 2016 Thana -NAUBATPUR District- PATNA ======================================================

1. Kirani Rai son of Late Ram Swarath Rai resident of Village Khajuri Ramnagar Tola, P.S. - Naubatpur, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Naubatpur P.S.Case No. 378 of 2006, registered for offences punishable under Sections302/34 of the Indian Penal Code and 27 of Arms Act.

Allegation as per F.I.R. is that the informant has heard sound of firing and he saw that some persons were fleeing away towards the village and Sarifan Rai succumbed to injury at the spot.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and except the fact that only he was seen fleeing away from the place of occurrence and absolutely nothing against the petitioner and the petitioner is in custody since 08.05.2018 and charge sheet has

Patna High Court Cr.Misc. No.48161 of 2018 (2) dt.27-09-2018 2/2 already been submitted. It has further been submitted that other co-accused, Deonandan Rai @ Deonandan Singh has been granted bail by a Co-ordinate Bench of this Court vide order dated 05.03.2018 passed in Cr. Misc. No. 6844 of 2018. Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- II, Danapur in connection with Naubatpur P.S.Case No. 378 of 2016, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T