Rahul Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51153 of 2017 Arising Out of PS.Case No. -506 Year- 2017 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Rahul Kumar Rai Sono f Shankar Rai Resident of Village-Rasulpur Salim, P.S.-Ahiyapur, Dist.-Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-11-2017 The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 506 of 2017, registered for offences punishable under Sections 356, 379, 411 and 34 of the Indian Penal Code.

Allegation against the petitioner is of snatching the golden chain of the daughter of the informant and it further appears that the petitioner was caught on spot and the chain was returned back to the daughter of informant.

It has been submitted on behalf of the petitioner that out and out false and fabricated case has been lodged against the petitioner and as a matter of fact the motorcycle of the petitioner dashed the informant, on which a scuffle took place between the parties and, thereafter, the petitioner was implicated in this false

Patna High Court Cr.Misc. No.51153 of 2017 (2) dt.13-11-2017 2/3 case. Moreover, petitioner has sufficiently been punished for the said offence as he has been in judicial custody for last four and half months and though he is accused in one more case but he is on bail in that case.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and period of custody, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 506 of 2017, subject to the 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 cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the

Patna High Court Cr.Misc. No.51153 of 2017 (2) dt.13-11-2017 3/3 court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T