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Patna High CourtCR. MISC./5358/2022allowed

Rahul Kumar Sah @ Rahul Kumar Singh v. The State Of Bihar

2022-02-16Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5358 of 2022 Arising Out of PS. Case No.-170 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Rahul Kumar Sah @ Rahul Kumar Singh Son of Late Kapildeo Sah Resident of Muhalla- Kurpat, P.S.- Sabour, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Upadhyaya For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-02-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 392, 395, 412 of the Indian Penal Code.

Earlier, prayer for bail of the petitioner was rejected vide order dated 30.07.2021 in Cr. Misc. No. 23080 of 2021 with liberty to him to renew his prayer for bail after framing of charge.

Learned counsel for the petitioner submits that now charges have been framed against the petitioner on 17.11.2021

Patna High Court CR. MISC. No.5358 of 2022(2) dt.16-02-2022 2/3 under Sections 392, 412 and 414 of the Indian Penal Code. He further submits that petitioner is languishing in judicial custody since 05.09.2020.

Considering the facts that the charges have been framed against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with S.T. No. 168 of 2021 arising out of Jagdishpur (Goradih) P.S. Case No. 170 of 2020, subject to the conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

(II) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at

Patna High Court CR. MISC. No.5358 of 2022(2) dt.16-02-2022 3/3 liberty to move cancellation of his bail bond. (IV) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) devendra/- U T