Rakesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3401 of 2019 Arising Out of PS. Case No.-286 Year-2017 Thana- RIGA District- Sitamarhi ====================================================== Rakesh Rai son of Ram Swarath Rai, resident of Village Village - Anahari, P.S. Riga, District Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Riga P.S. Case No. 286 of 2017 for the offences punishable under Sections 147, 148, 149, 341, 342, 447, 448, 323, 324, 325, 326, 307, 380, 435, 436, 427, 504, 506, 120B of the Indian Penal Code.

The allegation is regarding attack by the accused persons including the petitioner herein when a transformer was being installed and the same was being objected to by the informant of the present case.

The learned senior counsel appearing for the petitioner submits that most of the accused persons have already been granted bail by this Court by various orders dated

Patna High Court Cr.Misc. No.3401 of 2019(2) dt.24-01-2019 2/2 07.06.2018, 16.08.2018 and 22.06.2018 passed in Cr. Misc. Nos.32976 of 2018, 25445 of 2018 and 22807 of 2018, respectively, hence there is no impediment if the petitioner is released on regular bail. It is further submitted that though the petitioner is accused in three cases, but he is on bail in those cases. Lastly it is submitted that as far as the main accused person, namely, Pramukh Laxmi Prasad Yadav is concerned, his case has already resulted in final form having been submitted by the police.

Per contra, the learned counsel for the informant has opposed the prayer for bail.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioner, above named, on regular bail upon deposit of cash of Rs. 10,000/- as also subject to such other conditions as may be imposed by the learned court of Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S. Case No. 286 of 2016. The bail petition stands disposed of.

(Mohit Kumar Shah, J) Tiwary/- U T