Munna Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42635 of 2016 ====================================================== Munna Kumar Rai, S/o late Shankar Rai, R/o Village- Hasratganj, P.S Hajipur, District Vaishali.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Gajanan Mishra, Advocate For the State : Mr. Md. Ansarul Haque, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 04-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code and later on Section 411 of the I.P.C. was also added.
It is submitted on behalf of the petitioner that the petitioner is not named in the First Information Report, however, his name has cropped up on the basis of the self-incriminating confessional statement of the Lal Mohan Rai. There is no recovery from his possession. It is further submitted that the petitioner is having clean antecedent.
Having regard to the facts and the circumstances of the case, the above named petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.42635 of 2016 (2) dt.04-10-2016 2 / 2 satisfaction of the Addl. Chief Judicial Magistrate, Barh, Patna in connection with Ghoshwari P.S. Case No.43/2016 with a condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, if the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. Further, the petitioner shall remain present on each and every date during the course of the trial in the court below.
If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bond. Before accepting the bail bond, the court below would make verification regarding criminal antecedent of the petitioner and if he is found to be involved in any criminal case prior to filing of affidavit in this application, i.e., 15.09.2016, then he would not be released. Sanjay-II/- (Dr.