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Patna High CourtCR. MISC./43887/2018bail granted

Pappu Rai v. The State Of Bihar

2018-07-20Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43887 of 2018 Arising Out of PS.Case No. -155 Year- 2016 Thana -BHELDI District- SARAN ====================================================== Pappu Rai, son of Mahesh Rai, resident of Maran Tola, Bhalwahin, P.S. Parsa, District Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 24.05.2018 in connection with Bheldi P.S. Case No. 155 of 2016 for the offence registered under Sections 395 and 397 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner was not named in the first information report but only on the basis of the confessional statement made before the police by two co-accused persons, the petitioner was arrested. It is further submitted that two co-accused persons, who had given the petitioner's name, have since been extended the privilege of bail vide order dated 06.04.2017 passed in Cr. Misc. No. 13480 of 2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Saran at Chapra in connection with Bheldi P.S. Case No. 155 of 2016, subject to the following conditions :-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and

in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U T