Hirday Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.16638 of 2016 (3) dt.21-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16638 of 2016 Arising Out of PS.Case No. -165 Year- 2012 Thana -MOKAMAH District- PATNA ======================================================

1. Hirday Rai Son of Gita Rai Resident of Village- Mekra, Police Station Mokama District Patna..... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Ram Sumiran Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-06-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Mokama P.S. Case No. 165 of 2012 registered for the offences punishable under Sections 384, 385, 387, 506, 120B/34 of the Indian Penal Code. Allegedly, acting on an information, the petitioner was apprehended and from his possession amount of Rs. 2150/- was recovered besides one paper which was written regarding taking the ransom money. It is alleged that the petitioner used to collect ransom for Rajeev Gope and others.

Submission is of false implication and that the petitioner is in custody since 04.10.2012, there is nothing on the record to show that from whom the petitioner has collected the ransom, charges has already been framed but in near future the trial is not likely to be concluded, other co-accused Roshan Kumar, Rinku

Patna High Court Cr.Misc. No.16638 of 2016 (3) dt.21-06-2016 Kumar and Manohar Rai have already been allowed bail and as such the petitioner also deserves sympathetic consideration to which the learned APP submits that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named 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 Sri Ashutosh Kumar, J. M. Ist Class, Barh, Patna in connection with Mokama P.S. Case No. 165 of 2012, 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