Virendra Rai @ Virendra Kumar Rai @ Pahari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 22977 of 2017 Arising Out of PS.Case No. -159 Year- 2016 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Virendra Rai @ Virendra Kumar Rai @ Pahari, S/o Bharat Rai, Resident of Village- Bishwanathpur, P.S.- Dumara, District- Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Raju Kumar For the State : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

26-07-2017 Heard Sri Raju Kumar, learned counsel for the petitioner. None appeared on behalf of State. The sole petitioner, who is in custody since 19-03-2016, has renewed his prayer for grant of bail. Earlier, by order dated 06-12-2016, vide Cr. Misc. No. 40941 of 2016, the prayer for bail of the petitioner was rejected. Learned counsel for the petitioner submits that even after rejection of prayer for bail of the petitioner, one of the coaccused namely Rahul Kumar has already been granted bail by order dated 22-02-2017 passed in Cr. Misc. No. 750 of 2017. He submits that besides co-accused Rahul Kumar, one another accused Santosh Sah was also earlier granted bail (Annexure - 3). In this case, by order dated 10-05-2017, a report was

Patna High Court Cr.Misc. No.22977 of 2017 (3) dt.26-07-2017 2/2 called for from the court below regarding stage of the case, which has been received and kept at flag 'G'. The report suggests that in the case, till date charge has not been framed. Considering the period of custody as well as the fact that after rejection of prayer for bail, one of the co-accused has been granted bail and the fact that till date charge has not been framed, let the petitioner namely Virendra Rai @ Virendra Kumar Rai @ Pahari be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 159 of 2016, with condition that one of the bailor must be blood relation of the petitioner and during trial, the petitioner shall remain physically present on each and every date. If continuously on two dates, without prior permission of the trial court, the petitioner remains absent, his bail-bond shall stand automatically cancelled.

(Rakesh Kumar, J.) Anay U T