Ravi Roy @ Ravi Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.53915 of 2018 (2) dt.05-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53915 of 2018 Arising Out of PS.Case No. -100 Year- 2015 Thana -PHULWARIA District- BEGUSARAI ====================================================== Ravi Roy @ Ravi Rai, Son of Sunil Rai, R/o Vill.- Sokahara-2 Bagraha Dih, P.S.- Phulwariya, Dist.- Begusarai.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Shubhesh Pandey, Advocate. For the Opposite Party : Mr. R.P. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the third attempt on behalf of the petitioner, who is in custody since 02.11.2017 and has renewed his prayer for bail in connection with Sessions Trial No. 549 of 2017 arising out of Phulwaria P.S. Case No. 100 of 2015 for the offence alleged under Sections 307, 341, 323, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act having twice been rejected by orders dated 04.07.2016 and 12.01.2018 in Criminal Miscellaneous No. 25897 of 2016 and Criminal Miscellaneous No. 1849 of 2018, respectively.

3. It is submitted that in a subsequent development, charges have now been framed against the petitioner on 17.04.2018 but till date not a single witness on behalf of the prosecution has been produced or examined.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of

Patna High Court Cr.Misc. No.53915 of 2018 (2) dt.05-09-2018 custody since 02.11.2017 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-II, Begusarai, in connection with Sessions Trial No. 549 of 2017 arising out of Phulwaria P.S. Case No. 100 of 2015, on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T