Rohit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43564 of 2016 Arising Out of PS.Case No. -123 Year- 2016 Thana -MAIRWA District- SIWAN ====================================================== Rohit Rai Son of Vyas Rai, Resident of Village- Dumraharpur, P.S. Darauli, District Siwan at present R/o Village- Sirasmanpur, P.S. Baikunthpur, District-Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Gajendra Kumar Singh, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.07.2016 in connection with Mairwa P.S. Case No. 123 of 2016 for the offences alleged under Sections 272, 273/34 of the Indian Penal Code and Sections 47, 53B, and 53C of the Bihar Excise Act.

3. It is submitted that the petitioner has been falsely implicated owing to political rivalry. Similarly situated co-accused Annindeya Patel has been granted bail by this Court in Cr. Misc. No. 45328 of 2016.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Mairwa P.S. Case No. 123 of 2016, with the following conditions:- (i) That one of the bailors will be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any

Patna High Court Cr.Misc. No.43564 of 2016 (2) dt.22-10-2016 similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure to do so on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T