Vijay Rai @ Dilip Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18629 of 2022 Arising Out of PS. Case No.-501 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== VIJAY RAI @ DILIP RAI S/o Late Jagdish Rai @ Akshywat Rai Resident of Village- Nandpuri, Bibiganj Bhagwanpur, P.S.- Sadar, Distt- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Kumar For the Opposite Party/s :

Mr.Ashok Kumar Mrs.Bela Singh Mr.Rajeev Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable u/s 341 of the IPC and 27 of the Arms Act. Earlier, the prayer for bail of this petitioner was rejected vide order dated 02.11.2020, passed in Cr. Misc. No.24101 of 2020 by this Court with a liberty to renew his prayer for bail after framing of charge.

The petitioner has now filed this application for bail. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.18629 of 2022(2) dt.13-04-2022 2/3 charge has been framed against the petitioner and out of seven charge sheet witness, five witnesses have been examined. Only the Doctor and the Investigating Officer have not been examined.

Considering the submissions made, the above named petitioner is directed to 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 the learned Court below where the case is pending/successor Court in connection with Sadar P.S. Case No.501 of 2019 (S.Tr.No.07/2021), subject to the following conditions: (1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. (3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of

Patna High Court CR. MISC. No.18629 of 2022(2) dt.13-04-2022 3/3 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 and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (5) The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.

(Anjani Kumar Sharan, J) pallavi/- U T