Patna High CourtCR. MISC./27111/2016bail granted

Abinash Kumar Rai @ Abinash Rai @ Avinash Kumar v. The State Of Bihar

2016-08-03Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27111 of 2016 Arising Out of PS.Case No. -211 Year- 2012 Thana -PATORI District- SAMASTIPUR ====================================================== Abinash Kumar Rai @ Abinash Rai @ Avinash Kumar son of Sri Hari Ballabh Rai resident of village - Garhi Mohanpur, P.S. - Patory, District - Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Sri Pranav Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-08-2016 Heard the counsel for the petitioner and the State. This is repeat application seeking bail in connection with S.T. No. 498 of 2015 (arising out of Patory P.S. Case No. 211 of 2012) registered under Section 341, 324 and 307/34 of the Indian Penal Code and under Section 27 of the Arms Act. Considering the allegation made against the petitioner his prayer for bail was rejected vide order dated 15.12.2015 (Annexure-1). The petitioner was, however, granted liberty to renew his prayer for bail after five months if the trial does not record adequate progress. In the light of the said liberty, the prayer for bail by the petitioner is filed.

It is stated that the petitioner is in custody since

Patna High Court Cr.Misc. No.27111 of 2016 (3) dt.03-08-2016 2/2 15.08.2015. The injury sustained by the victim was opined to be superficial/simple in nature.

Status report called for is placed at Flag 'B'. On perusal, it appears that charges have recently been framed in February 2016 and only one witness has been examined. Considering the facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, 4th, Samastipur in S.T. No. 498 of 2015 (arising out of Patory P.S. Case No. 211 of 2012) with further condition that one of the bailors shall be his own/close family member. The petitioner shall appear on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.

(Kishore Kumar Mandal, J) rohit/- U T