Raj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70492 of 2018 Arising Out of PS. Case No.-91 Year-2018 Thana- PAKRIDAYAL DistrictEast Champaran ====================================================== Raj Kumar Rai Son of Ram Pukar Rai Both Resident of Village-Majhaulia, P.S. Pakarideyal, Distt.-East Champaran ... ... Petitioner

Versus

The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Petitioner : Mr. Umesh Chandra Verma, Advocate. For the Respondent: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 307, 379, 506, 504 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Pakarideyal P.S. Case No. 91 of 2018.

3. It is submitted that the petitioner has been falsely implicated and in any event the accusation of assault is against other co-accused persons and not against the present petitioner who is merely said to have snatched a gold chain as super-added allegation. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner 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, Motihari,

Patna High Court Cr.Misc. No.70492 of 2018(2) dt.15-01-2019 2/2 East Champaran in connection with Pakarideyal P.S. Case No. 91 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar/ U T