Lilak Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6260 of 2020 Arising Out of PS. Case No.-81 Year-2019 Thana- NTPC District- Patna ====================================================== LILAK RAY Son of Janak Ray Resident of Village- Chirraiya, P.S.- Bakhtiyarpur, Distt- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gyanendra Kumar Singh For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 413, 414/34 of the I.P.C.

Informant who is police officer in his written complaint has alleged that while he was on patrolling duty alongwith other police personnel, he received secret information that some miscreants are fleeing away after snatching a Swaraj Tractor towards N.H.31 four lane and on receiving such information, he alongwith other police personnel reached there

Patna High Court CR. MISC. No.6260 of 2020(3) dt.03-06-2020 2/3 and apprehended them including petitioner and on search, one Samsung mobile and key of tractor and motorcycle were recovered from the possession of petitioner.

It has been submitted on behalf of petitioner that petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of petitioner. It has been further submitted that after arresting the petitioner in the present case, the police remanded him two other cases as mentioned in paragraph No. 3 of the petition. Charge sheet has already been submitted in this case. Similarly placed co-accused, namely, Binod Das has been granted bail by a co-ordinate Bench of this Court vide order dated 29.01.2020 passed in Cr. Misc. No. 3939 of 2020. Petitioner is in custody since 16.10.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Barh NTPC P.S. Case No. 81 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property

Patna High Court CR. MISC. No.6260 of 2020(3) dt.03-06-2020 3/3 within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajivU T