IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12309 of 2010
1. ABHIMANYU RAI, SON OF MISHRI RAI
2. RANJEET RAI, SON OF SHANKAR RAI
Versus
STATE OF BIHAR
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3. 02.07.2010 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for the
offence under Sections 147, 148, 149, 302, 307, 341, 323, 337
and 504 of the Indian Penal Code.
The prosecution case is that while an altercation was
in progress between the parties, the deceased attempted to
intervene, on account of which, he was also variously assaulted
by the accused persons. The post mortem examination report
reveals that all injuries have been found on the extremities and
none on the vital parts. On 10.5.2010 noting the arguments of
the parties wherein the Informant stated that almost all
witnesses have already been examined while the petitioner
asserted that the case was still at the stage of commitment, a
report was called for from the trial court to ascertain the stage of
trial. The report reveals that the case had been fixed for framing
of charge on 4.6.2010.
In view of such, let the petitioners above named, be
released on bail on furnishing bail bond of Rs. 5,000/- (Five
thousand) each with two sureties of the like amount each to the
satisfaction of Shri Piyush Kumar Srivastava, Judicial
2
Magistrate, 1st Class, Saran at Chapra, in Baniapur P.S. Case
No. 104 of 2007 corresponding to U.T. No. 19 of 2010 subject to
the following conditions: (i)That one of the bailors will be a close
relative of the petitioners who will give an affidavit giving
genealogy as to how he is related with the petitioners. The
bailor will undertake to furnish information to the Court about
any change in address of the petitioners. (ii)That the affidavit
shall clearly state that the petitioners are not accused in any
other case and if they are, they shall not be released on bail.
(iii)That the bailor shall also state on affidavit that he will inform
the court concerned if the petitioners are implicated in any other
case of similar nature after their release in the present case and
thereafter the court below will be at liberty to initiate the
proceeding for cancellation of bail on the ground of misuse.
(iv)That the petitioners will be well represented on each date
and if they fail to do so on two consecutive dates, their bail will
be liable to be cancelled.
( Anjana Prakash, J.)
S.Ali