Kanhaiya Rai @ Kanhaiya Kumar Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.23345 of 2017 (2) dt.28-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23345 of 2017 Arising Out of PS.Case No. -65 Year- 2013 Thana -KHAIRA District- SARAN ====================================================== Kanhaiya Rai @ Kanhaiya Kumar Rai Son of Sri Kedar Rai, Resident of Village- Maksudpur, P.S.- Khaira, District- Saran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 29.05.2014 passed in Cr. Misc. No. 17636 of 2014, on the ground that the petitioner is suffering in custody since 15.07.2013, nothing has been recovered from his conscious possession rather the said rifle and cartridges were recovered from possession of co-accused Loknath Rai. Up-till now the trial has not been concluded and in near future the trial is not likely to be concluded.

Learned APP fairly submits that considering the period of detention now lenient view can be taken.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail

Patna High Court Cr.Misc. No.23345 of 2017 (2) dt.28-06-2017 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri S. D. Bharti, J. M. Ist Class, Chapra, Saran in connection with Khaira P.S. Case No. 65 of 2013 (Tr. No. 3927 of 2013), subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T