Manish Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36185 of 2017 Arising Out of PS.Case No. -127 Year- 2016 Thana -BACHWARA District- BEGUSARAI ======================================================
1. Manish Rai Son of Raj Narayan Rai Resident of Village- Subhanipur, Police Station- Vidyapati Nagar, District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Sinha For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2017 Heard the parties.
The petitioner seeks regular bail in connection with Sessions Trial No.197 of 2017 arising out of Bachhwara P.S.Case No.127 of 2016 , registered for offences punishable under Sections 363 and 365/34 of the Indian Penal Code and later on added Section 364, 302 and 201 of the Indian Pena Code. The petitioner is not named in the FIR. The case is under Section 363, 364, 302, 201 and 365/34 of the Indian Penal Code.
Submission of the learned counsel for the petitioner is that he is not named in the F.I.R. and later on his name transpired during the course of investigation on confession of the other coaccused persons and all other co-accused persons have been
Patna High Court Cr.Misc. No.36185 of 2017 (3) dt.30-08-2017 2/3 granted bail by this Court vide order dated 7.4.2017 passed in Cr. Misc. No.6678 of 2017, order dated 16.5.2017 passed in Cr. Misc. No.16481 of 2017, order dated 29.3.2017 passed in Cr. Misc. No.12299 of 2017, order dated 20.2.2017 passed in Cr. Misc. No.54208 of 2016. It is further submitted that though the petitioner is accused in one more case but he is on bail in that case and the he is in custody for more than six months in this case. Heard learned A.P.P. also.
Having heard both sides and in view of the fact that the other co-accused persons having similar allegation, have been granted bail, as such, 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 learned Additional District and Sessions Judge-III, Begusarai in connection with Sessions Trial No.197 of 2017 arising out of Bachhwara P.S.Case No.127 of 2016. With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.
Patna High Court Cr.Misc. No.36185 of 2017 (3) dt.30-08-2017 3/3 With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T