Mahesh Rai @ Mahesh Ray v. The State of Bihar
Case brief
What is this about?
Bail granted — Patna High Court, CR. MISC. No.37216 of 2024(4), order dated 06-09-2024, Rajiv Roy, J. Petitioner: Mahesh Rai @ Mahesh Ray (counsel Sunil Kumar Pandey). State of Bihar (APP Jai Narain Thakur); informant Mukesh Ray (counsel Saroj Kumar Sharma, Vikash Kumar, Anupam Bahadur, Sunny Kumar). Piyar (Haththa O.P) P.S. Case No. 279 of 2023, Muzaffarpur; FIR dated 25.12.2023; IPC sections 341, 323, 354, 379, 307, 447, 448, 504, 506, 34; alleged iron-rod assault during Tilak ceremony. Custody since 03.02.2024; delay in lodging FIR; no criminal antecedent; petitioner's son committed suicide. Bail bond Rs. 10,000/- with two like sureties; JMFC 1st Class (East), Muzaffarpur; conditional bail (bona fide family-member bailor, attendance, no witness tampering, no further offences).
What did the court decide?
Bail granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class (East), Muzaffarpur, in connection with Piyar (Haththa O.P) P.S. Case No. 279 of 2023, subject to conditions: (i) one bailor to be a family member/relative providing an official document showing bona fide; (ii) appearance on each and every Trial Court date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court itself; (iii) no inducement, promise or threat to witnesses or tampering with evidences, failing which the State may seek cancellation; (iv) desistance from committing any criminal offence again, failing which the State may seek cancellation.