Rauni Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63830 of 2018 Arising Out of PS.Case No. -374 Year- 2008 Thana -DANAPUR District- PATNA ====================================================== Rauni Singh, s/o Ram BAdan Singh @ Vadan Singh, r/v- Saidanpur Masadi, P.S.-Gaurichak, District-Patna, at present residing at Mohallah: Defence Colony, Raghurampur, P.S. Shahpur (Danapur), District-Patna. .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in S.Tr. No. 780/2010, arising out of Danapur P.S. Case No. 374/2008, instituted for the offences under Sections 394 and 395 of the Indian Penal Code. Learned counsel for the petitioner has submitted that earlier this petitioner has faced trial in the court below vide S.Tr. No. 780/2010 and was convicted. But in Cr. Appeal (SJ) No. 140/2015, the judgment of conviction was set aside and petitioner was directed to appear before the court below for re-trial. It is further submitted that petitioner was on bail during course of trial as well as during pendency of appeal. In compliance of Hon'ble Court's order dated 26.06.2018 passed in Cr. Appeal (SJ) No. 140/2015, the petitioner has voluntarily surrendered on

Patna High Court Cr.Misc. No.63830 of 2018 (2) dt.25-10-2018 2/2 10.07.2018. He is in custody since then.

Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge IInd, Danapur, Patna in connection with Danapur P.S. Case No. 374/2008, subject to the conditions that: (i) both the bailors shall be the close relative of the petitioner.

(ii) petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (iii) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J.) Rakhi U T