Patna High Court - Orders
Sitaram Rai vs The State Of Bihar & Ors on 14 March, 2012
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11137 of 2012
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Sitaram Rai, son of late Ram Saran Rai, resident of village-Rain Bishunt,
P.S.-Runnisaidpur, District-Sitamarhi, at present of Mohalla-
Vishwanathpur, Ward No. 6 under Nagar Panchayat Dumra, P.S.-Dumra,
District-Sitamarhi. .... .... Petitioner
Versus
The State of Bihar & Ors .... .... Opposite Parties.
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR
SINGH
ORAL ORDER
2 14-03-2012Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner apprehends his arrest in connection with a case instituted for the offence under Sections 147, 148, 149, 323, 324, 307, 379/504 of the Indian Penal Code.
It is contended that the petitioner is a Headmaster of Middle School Kokna, Sitamarhi. At the time of occurrence, he was not present at the place of occurrence. In course of investigation, the police inquired about the plea of alibi of the petitioner and found the same to be correct. He was not sent up for trial when the charge sheet was submitted against other accused persons. However, the learned Magistrate differed with the police report and took cognizance of the offence. The case arises out of land dispute. The petitioner has got no criminal antecedent.
Be that as it may, considering the facts and circumstances of the case, let the petitioner above named in the event of his arrest or 2 Patna High Court Cr.Misc. No.11137 of 2012 (2) dt.14-03-2012 2/2 surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 216 of 2010 subject to the conditions as laid down under Section 438(2) Cr. P.C. as also subject to the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how he is related with the petitioner. (ii) That the petitioner 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 to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court.
Sanjeet/- (Ashwani Kumar Singh, J)