Arjun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46368 of 2017 Arising Out of PS.Case No. -964 Year- 2015 Thana -SITAMARHI District- SITAMARHI ====================================================== Arjun Rai, son of Bharat Rai, R/o Village- Maksudpur, P.S.- Minapur, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2017 Learned counsel for the petitioner is permitted to make necessary correction in paragraph-14 of the petition in the course of the day.

Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 533 of 2016, arising out of Sitamarhi P.S.Case No. 964 of 2015 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. Petitioner is not named in the FIR and from the impugned order it appears that his name transpires in the confessional statement of co-accused.

Submission of learned counsel for the petitioner is that except confessional statement there is nothing against him and he is in custody for six months. Further submission is that similarly situated co-accused persons have been granted bail by different co-ordinate Benches of this Court, which will appear from

Patna High Court Cr.Misc. No.46368 of 2017 (4) dt.11-10-2017 2/2 Annexure-2 series.

Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be released 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 Sessions Judge, Sitamarhi, in connection with Sessions Trial No. 533 of 2016, arising out of Sitamarhi P.S.Case No. 964 of 2015, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned, (2) Petitioner shall co-operate in trial and appear on each and every date fixed in court and failure to appear on two consecutive dates without any genuine reason or without permission of court, his bail bond shall be liable to be cancelled.

(Vinod Kumar Sinha, J) spal/- U