High Court released petitioner Achchayalal Rai on bail in PS Case No. 248/2013 for IPC offences after noting compromise and pre-arrest bail granted to co-accused. Bail bond of Rs. 10,000 with two sureties fixed.
Released on bail on execution of bond of Rs. 10,000 with two sureties (one with immovable property).
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Patna High Court Cr.Misc. No.27032 of 2014 (2) dt.20-08-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27032 of 2014 Arising Out of PS.Case No. -248 Year- 2013 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Achchayalal Ria Son of Latee Sinheshwar Rai Resident of Village - Chaktullah, P.S.- Haripur Sadar, Distt- Vaishali .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 20-08-2014 Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 248 of 2013 registered for the offences punishable under Sections 323, 341, 308, 379/34 of the Indian Penal Code. Allegation against the petitioner is that on his order co-accused Bhushan Rai assaulted the informant with sapde and the petitioner assaulted Geeta Devi and Pattiya Devi with lathi when they came for rescue.
Submission at the bar for release of the petitioner is that in this case other co-accused, namely, Samundri Devi and
Patna High Court Cr.Misc. No.27032 of 2014 (2) dt.20-08-2014
others and Bhushan Rai @ Bhushan Prasad Yadav and another have been allowed pre-arrest bail by another Bench of this Court vide Cr. Misc. No. 45467 and 48609 of 2013 respectively and the petitioner is suffering in custody having no criminal antecedent. However, there is case and counter case and both the parties have compromised the case outside the court.
In the facts and circumstances as stated above and considering the detention of the petitioner Achchayalal Rai, he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 248 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/U T
1 issue framed by the court
Whether the petitioner is eligible for release on bail given the compromise and bail of co-accused.
Achchayalal Ria
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
