Sanjeev Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28885 of 2014 Arising Out of PS.Case No. -30 Year- 2012 Thana -SARAN GRP CASE District- SARAN ======================================================

1. Sanjeev Kumar Rai S/o Rabindra Rai R/o vill. - Durbella, P.S. - Dariapur, District - Saran at Chapra.

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Nawal Kishore Singh For the Opposite Party : Mr. Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2015 Petitioner is languishing in custody since 11.03.2014 in a case registered for the offences punishable under Sections 307, 323, 379, 411 of the I.P.C. The informant was administered some intoxicants and his belongings, cash of Rs. 1800/- and mobile were taken away. The informant subsequently found himself in the Gorakhpur District Hospital. Subsequently the petitioner was identified by the informant at Gorakhpur Railway Station when cash of Rs. 800/-, mobile of the informant and 70 gms of intoxicant like powder were recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that seizure list and the statement of the witnesses as recorded by the Gorakhpur Railway Police while registering the case under Section 379/411 of the I.P.C is still not

Patna High Court Cr.Misc. No.28885 of 2014 (5) dt.02-04-2015 2/2 available on record.

The report of the Superintendent of Police, Rail, Muzaffarpur suggests that though charge-sheet has been submitted against the petitioner but the direction was issued for procurement of the seizure list, First Information Report and the statement of the witnesses as recorded in Gorakhpur Rail P.S. Case No. 366 of 2012. The aforesaid facts suggest that the trial is not likely to be concluded in near future. Considering the aforesaid facts, 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 learned Railway Magistrate, Sonepur in connection with Siwan Rail P.S. Case No. 30 of 2012.

Since the petitioner is accused in four other cases, let learned Court below cancel the bail bonds of the petitioner, if the petitioner gets substantially involved in similar nature of offence or defaults for three consecutive occasions during trial.

(Dinesh Kumar Singh, J) Shageer/- U T