Uttim Rai @ Uttam Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16525 of 2021 Arising Out of PS. Case No.-241 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== Uttim Rai @ Uttam Rai, aged about 33 years (Male) Son of Pragas Ray Resident of Village- Angoa Jajuar P.S- Katra Dist- Muzaffarpur-843360 ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Subodh Kumar, Adv.

For the Opposite Party :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Katra PS Case No. 241 of 2019 instituted for the offence under Section 395 of the Indian Penal Code.

The FIR alleges that six miscreants, on two motorcycles, have snatched the informant's mobile phone and motorcycle at gun point.

Petitioner's counsel submits that on statement of coaccused, he has been dragged in the instant case. He submits

Patna High Court CR. MISC. No.16525 of 2021(3) dt.28-10-2021 2/3 that petitioner's implication is based on the fact that he has antecedents (9) as per disclosure made in paragraph No.3 of the bail petition and supplementary affidavit filed. He is stated to be in custody since 11.02.2020 and other co-accused Raja Yadav @ Raja Kumar, Sobhit Rai @ Sovit Rai, Munna Rai have been allowed bail in Cr. Misc. Nos. 3650 of 2021 and 1198 of 2021 and 790 of 2021 respectively.

The learned APP representing the State has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1st Class, Muzaffarpur, in connection with Katra PS Case No. 241 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to

Patna High Court CR. MISC. No.16525 of 2021(3) dt.28-10-2021 3/3 inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T