Patna High CourtCR. MISC./5409/2017bail granted

Bhola Rai @ Munna Rai v. The State Of Bihar

2017-02-06Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.5409 of 2017 (2) dt.06-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5409 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -BHOJPUR GRP CASE District- BANKA ====================================================== Bhola Rai @ Munna Rai, son of Sahtu Rai, resident of Village- Athar, P.S. Nawanagar, District- Buxar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhat Kumar Singh For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 04.11.2016 in connection with Buxar Rail P.S. Case No. 115 of 2016 for the offences alleged under Section 414 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion as the goods recovered from his trolley bag were his own and no case has been registered alleging the goods to be stolen. Petitioner claims clean antecedents.

4. Learned APP submits on the basis of the order of the learned 6th Additional Sessions Judge, Bhojpur at Ara dated 13.01.2017 that the petitioner was made accused in one criminal case whereas the petitioner has claimed clean antecedents.

5. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be

Patna High Court Cr.Misc. No.5409 of 2017 (2) dt.06-02-2017 released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Railway Judicial Magistrate, Ara, in connection with Buxar Rail P.S. Case No. 115 of 2016, subject to verification that the petitioner is not accused in any prior criminal offence and also on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/Chandran U T