Patna High CourtCR. MISC./43577/2016bail granted

Gyani Rai v. The State Of Bihar

2016-10-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43577 of 2016 Arising Out of PS.Case No. -245 Year- 2015 Thana -DANAPUR District- PATNA ====================================================== Gyani Rai, son of Late Ram Pukar Rai, resident of Village- Jhauri Tola, P.O. Danapur P.S. Danapur District Patna at present Mubarakpur Krishi Farm P.S. Sahpur District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Uday Kumar, 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 14.06.2016 in connection with Danapur P.S. Case No. 245 of 2015 for the offences alleged under Sections 420, 406, 467 and 468 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. has been instituted after inordinate delay on 04.05.2015 for the alleged occurrence of 12.09.2012 and that too without giving proper details and particulars of the plot of land in question. There is no material to show that any agreement was entered into between the parties and for that any payment was made to the petitioner. In any event, the accusation at best discloses a dispute of civil nature. The petitioner claims clean antecedents.

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

Patna High Court Cr.Misc. No.43577 of 2016 (2) dt.22-10-2016 of learned Additional Chief Judicial Magistrate, Danapur, DistrictPatna, in connection with Danapur P.S. Case No. 245 of 2015, 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 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