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Patna High CourtCR. MISC./26232/2024bail granted

Rahul Kumar Sah @ Rahul Kumar v. The State Of Bihar

2024-05-15Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26232 of 2024 Arising Out of PS. Case No.-219 Year-2022 Thana- GAMAHARIYA District- Madhepura ====================================================== Rahul Kumar Sah @ Rahul Kumar S/o Vijay Sah R/o vill - Gamhariya, P.S. - Gamhariya, Distt. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Gamhariya P.S. Case No. 219 of 2022 dated 16.10.2022, lodged under Sections 147, 148, 149, 341, 323, 354, 307, 504, 506 and 302 of the I.P.C.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 31.01.2024 passed in Cr. Misc. No. 2737 of 2024 in which liberty was granted to him to renew his prayer for bail after framing of charge.

4. Learned counsel for the petitioner further submits that the charge has already been framed in this case on 09.02.2024. he further submits that petitioner has clean

Patna High Court CR. MISC. No.26232 of 2024(2) dt.15-05-2024 2/3 antecedents

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhepura in connection Gamhariya P.S. Case No. 219 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence,

Patna High Court CR. MISC. No.26232 of 2024(2) dt.15-05-2024 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Sunnykr/- U T