Ajay Rai @ Bablu Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.6579 of 2018 (2) dt.15-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6579 of 2018 Arising Out of PS.Case No. -96 Year- 2015 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ajay Rai @ Bablu Rai S/o Khajanchi Rai, R/o Village- Dulma, P.S.- Madhuban, District- East Champran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar @ Sonu Babu, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 24.11.2017 in connection with Pakridayal P.S. Case No. 96 of 2015 for the alleged offences under Sections 302/120(B) of the Indian Penal Code and 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and except the extra judicial confessional statement of co-accused Bachchu Rai there is no material to connect the petitioner with the alleged occurrence. The said co-accused Bachchu Rai has been granted bail by this Court in Cr. Misc. No. 45145 of 2015 so also the other accused persons Mahesh Kumar @ Mahesh Kumar Prasad and Shyam Kumar @ Nanhe have also been granted bail by this Court in Cr. Misc. No. 50764 of 2015 and Cr. Misc. No. 50197 of 2015 respectively. The petitioner claims clean antecedents.

4. Be that as it may, 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.6579 of 2018 (2) dt.15-02-2018 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 Additional Chief Judicial Magistrate-V, Motihari, East Champaran in connection with Pakridayal P.S. Case No. 96 of 2015 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 co-operate 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.

(iv) 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. (Vikash Jain, J) Chandran/BT U