Saheb Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24796 of 2018 Arising Out of PS.Case No. -146 Year- 2016 Thana -KHAIRA District- SARAN ====================================================== Saheb Ray S/o Lakshman Ray @ Laxman Pd. Yadav, R/o Vill.- Bhualpur, P.S.- Marhourah, District- Saran at Chapra (Bihar). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 30.09.2016 in connection with Khaira P.S. Case No. 146 of 2016 for the offences alleged under Sections 420, 414, 467, 468, 471 and 120(B) of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and except the extra judicial confessional statement of co-accused Neeku Mian, there is no other material to connect the petitioner with the alleged occurrence. The key of the subject Tata Sumio Victa vehicle was not recovered from the petitioner rather the same was handed over by Neeku Mian to the informant. The petitioner has been implicate owing to political rivalry which is a reason for a large number of cases having been instituted against

the petitioner. Statement is made at the Bar that the petitioner is on bail in all the prior cases in which he has been made accused.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody already suffered since 30.09.2016, let the petitioner above named be 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 Chief Judicial Magistrate, Saran at Chapra, in connection with Khaira P.S. Case No. 146 of 2016, 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/BT U T