Dinesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41852 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -GHOSBARI District- PATNA ======================================================

1. Dinesh Rai S/o Late Ram Pukar Rai R/o Village- Hardaspur, P.S.- Patory, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajanan Mishra For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-10-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Ghoshwari P.S. Case No. 43 of 2016 registered for the offences punishable under Section 395 of the Indian Penal Code and later on Section 411 of the Indian Penal Code was added. The petitioner is not named in the First Information Report and as submitted, his name transpired on the basis of confessional statement of Lal Mohan Rai. Nothing has been recovered from his conscious possession and the petitioner has no criminal antecedent. The petitioner is in custody since 17.06.2016, but he has not been put on T.I.P. It is further submitted that similarly situated co-accused Munna Kumar Rai

Patna High Court Cr.Misc. No.41852 of 2016 (2) dt.17-10-2016 2/2 has been allowed bail vide order dated 04.10.2016 passed by coordinate Bench of this Court in Criminal Miscellaneous No. 42635 of 2016.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Ghoshwari P.S. Case No. 43 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) ajaypd./- U T