Guddu Rai vs The State Of Bihar
2021 Latest Caselaw 586 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.27219 of 2019
 Arising Out of PS. Case No.-26 Year-2013 Thana- AGION (GARHANI) District- Bhojpur
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Guddu Rai, aged about 24 years, Male Son of Mathura Rai @ Muthri Ray Resident of Bahadurpur, PS Agion (G), District- Bhojpur.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s    :       Mr. Manoj Kumar, Advocate
For the State           :       Mr. Ram Sumiran Rai, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-02-2021

Heard Mr. Manoj Kumar, learned counsel for the

petitioner and Mr. Ram Sumiran Rai, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by order dated 25.06.2014 in Cr.

Misc. No. 797 of 2014.

3. The petitioner is in custody in connection with Agion

(G) PS Case No. 26 of 2013 dated 12.03.2013, instituted under

Sections 302, 307, 324/34 of the Indian Penal Code and 27 of the

Arms Act.

4. The allegation against the petitioner is that he along

with two others had fired on the deceased.

Patna High Court CR. MISC. No.27219 of 2019 dt.02-02-2021

5. Learned counsel for the petitioner submitted that

though there is allegation of firing against the petitioner, the

postmortem report shows that there is only one bullet injury.

Learned counsel submitted that except for a brief period, when he

was on provisional bail, the petitioner is in custody since

12.03.2013.

6. Learned APP submitted that there is direct allegation

of firing on the deceased. However, he did not controvert that only

one bullet injury has been found during postmortem and the

petitioner is said to have fired along with two other persons.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned ADJ-VI, Bhojpur at

Ara in Agion (G) PS Case No. 26 of 2013 subject to the conditions

(i) that one of the bailors shall be a close relative of the petitioner,

(ii) that the petitioner and the bailors shall execute bond with

regard to good behaviour of the petitioner, and (iii) that the

petitioner shall also give an undertaking to the Court that he shall

not indulge in any illegal/criminal activity, act in violation of any

law/statutory provisions, tamper with the evidence or influence Patna High Court CR. MISC. No.27219 of 2019 dt.02-02-2021

the witnesses. Any violation of the terms and conditions of the

bonds or the undertaking shall lead to cancellation of his bail

bonds. The petitioner shall cooperate in the case and be present

before the Court on each and every date. Failure to cooperate or

being absent on two consecutive dates, without sufficient cause,

shall also lead to cancellation of his bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T