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Patna High CourtCR. MISC./6441/2022bail granted

Rahul Kumar @ Rahul Rai v. State Of Bihar

2022-02-16Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6441 of 2022 Arising Out of PS. Case No.-8 Year-2020 Thana- NIMACHANDPURA District- Begusarai ====================================================== 1.

RAHUL KUMAR @ RAHUL RAI Son of Ramashankar Rai @ Shankar Rai Resident of Village - Tulsipur, P.S. Mufassil, Distt. Begusarai. 2.

BRAJESH KUMAR Son of Parmanand Rai @ Balmoko Rai Resident of Village - Tulsipur, P.S. Mufassil, Distt. Begusarai. 3.

MANISH KUMAR Son of Byas Rai @ Baukham Rai Resident of Village - Tulsipur, P.S. Mufassil, Distt. Begusarai.

... ... Petitioner/s

Versus

STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners seek bail in a case registered under Sections 302/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.6441 of 2022(2) dt.16-02-2022 2/3 The petitioners were granted bail vide Annexure 1 to the present application.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 06.01.2022. It has further been contended on behalf of the petitioners that it is a case of misuse of bail for a period of approximately four months. Proper pairvi could not be made on behalf of the advocate's clerk. The petitioners had no knowledge regarding the same. The petitioners had no intention to not abide by the order of the court. The petitioners further undertake that they shall be physically present in the court below on each and every date. If the petitioners do not appear on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IXth, Begusarai in connection with Neema Chandpura P.S. case No.08 of 2020 corresponding to S.T. No.245A/21.

Patna High Court CR. MISC. No.6441 of 2022(2) dt.16-02-2022 3/3 The petitioners are directed to be physically present in the court below on each and every date. If the petitioners do not appear on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioners. (Sudhir Singh, J) Narendra/- U T