← Library
Patna High CourtCR. MISC./28931/2019allowed

Nagendra Rai @ Nagendra Prasad v. The State Of Bihar

2019-09-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28931 of 2019 Arising Out of PS. Case No.-473 Year-2016 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Nagendra Rai @ Nagendra Prasad, Son of Late Mahavir Rai, Resident of Madanpatti, P.S- Bathnaha, District- Sitamarhi-843322 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Runnisaidpur P.S. Case No. 473 of 2016 for the offence under Sections 193, 204, 468, 471, 420, 120(B), 506/34 of the Indian Penal Code.

Earlier the prayer for grant of bail of the petitioner was rejected vide order dated 21.03.2018 in Cr. Misc. No. 15007 of 2018.

Learned counsel for the petitioner submits that the petitioner is in custody since 18.03.2017. He further submits that the other co-accused have already been granted bail. It appears from the report submitted by the Judicial Magistrate, 1st Class, Sitamarhi that on 18.06.2019, the file was received in the court.

Patna High Court CR. MISC. No.28931 of 2019(6) dt.04-09-2019 2/2 In view of the above, there is no likelihood of early disposal of the case.

Considering the fact that the other co-accused have been granted bail, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi / concerned court in connection with Runnisaidpur P.S. Case No. 473 of 2016 subject to the following conditions: (i) Both the bailors should be the advocates of the same court, as the petitioner is advocate clerk. (ii) The petitioner shall appear on each and every date fixed by the court below in the trial. In the event, the petitioner fails to appear in the court proceeding for two consecutive dates, the court below shall be at liberty to cancel the bail bonds of the petitioner.

(iii) The petitioner shall not enter the court premises so long the case is pending, unless he is required in the trial. (Anil Kumar Upadhyay, J) uday/- U T