Krishna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 32323 of 2016 Arising Out of PS.Case No. -259 Year- 2015 Thana -TARAIYA District- SARAN ====================================================== Krishna Rai son of Tona Rai Resident of Village- Baluhi, Police Station Marhowrah, District Saran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Srivastva For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

19-08-2016 Heard Sri Vijay Kumar Srivastava, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 12-01-2016 in Taraiya P.S. Case No. 259 of 2015 registered for offence under Section 392 of the Indian Penal Code, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that F.I.R. was lodged against unknown, however; the petitioner has been made accused in this case on the basis of confession of one of the co-accused. He submits that save and except confessional statement of co-accused, there is no other material to connect the petitioner, whereas, learned Addl. Public Prosecutor

Patna High Court Cr.Misc. No.32323 of 2016 (2) dt.19-08-2016 2/2 opposing the prayer submits that petitioner is having criminal antecedent and he is accused in other two similar types of cases. In view of the fact that petitioner's name has come on confession of co-accused as well as period of custody, let the petitioner namely Krishna Rai be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Taraiya P.S. Case No. 259 of 2015, with a condition that one of the bailor must be blood relation of the petitioner and secondly, during the trial on each and every date, the petitioner shall remain physically present. If continuously on two dates, the petitioner fails to appear before the court below, without prior permission of the trial court, his bail-bond shall stand automatically cancelled. (Rakesh Kumar, J.) Anay U T