Rudal @ Rudal Mansuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14549 of 2022 Arising Out of PS. Case No.-35 Year-2020 Thana- BADHAILA District- Rohtas ====================================================== Rudal @ Rudal Mansuri Son Of Mahmood Mansuri @ Md. Mahmood Mansuri Resident Of Village- Suara, P.S.- Baghaila, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwari For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner has filed the supplementary affidavit today in Court.

Let it be kept on record.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier, prayer for bail of the petitioner was rejected vide order dated 28.09.2021 in Cr. Misc. No. 13441 of 2021. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that the during trial witnesses including the informant have not supported the prosecution case. He submits that similarly situated co-accused

Patna High Court CR. MISC. No.14549 of 2022(3) dt.18-05-2022 2/3 has already been granted bail by a Bench of this Court on 24.11.2021 in Cr. Misc. No. 29455 of 2021. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application and he is languishing in judicial custody since 29.05.2020.

Learned APP for the State opposed the prayer for bail.

Considering the facts that the informant including the witnesses have not supported the prosecution case, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Baghaila P.S. Case No. 35 of 2020, subject to the conditions:

(I) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner. (II) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled.

Patna High Court CR. MISC. No.14549 of 2022(3) dt.18-05-2022 3/3 (III) that the petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (IV) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) devendra/- U T