Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28852 of 2021 Arising Out of PS. Case No.-185 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== RAHUL KUMAR Son of Muneshwar Rai Resident of Village- Shekhpura, P.S.- Rajapakar, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Shama Sinha, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.

Earlier prayer for bail of this petitioner was refused by this Court vide order dated 10.11.2020 as contained in Annexure 1 to the bail petition.

Learned counsel for the petitioner submits that for the same offence another FIR bearing Rajapakar Police Station Case No. 200/2019 has also been registered in which the petitioner has already been allowed bail vide Annexure 4 and subsequently co-accused Anil Kumar Rai on whose confession petitioner has been made accused has also been allowed bail vide order dated 22.1.2020. He is in custody since 22.1.2020.

Patna High Court CR. MISC. No.28852 of 2021(2) dt.11-08-2021 2/2 Considering the facts and circumstances of the case, let the petitioner, mentioned above, 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 Sub Divisional Judicial Magistrate, Hajipur Vaishali in GR No. 4230 of 2019/Jandaha Police Station Case No. 185 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T