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Patna High CourtCR. MISC./21303/2020bail granted

Rajan Rai v. The State Of Bihar

2020-07-21Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Cr. Misc. No. 21303 of 2020 ====================================================== Rajan Rai, son of Laxman Rai, resident of village-Neelkanth Tola, Goraiya Asthan, P.S.-Maner, District-Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunit Kumar Srivastava, Advocate For the Respondent State:

Smt. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-07-2020 Heard Mr. Sunit Kumar Srivastava, learned counsel appearing on behalf of the petitioner and Smt. Veena Rani Prasad, learned Additional Public Prosecutor, for the State of Bihar.

This application for grant of regular bail arises out of Maner P.S. Case No. 158 of 2019, registered for the offence punishable under Sections 147, 148, 149, 341, 448, 379, 504, 506, 323, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has rightly submitted that similarly circumstanced co-accused persons have been allowed anticipatory bail by this Court by orders dated 03.09.2019 passed in Cr. Misc. No. 55845 of 2019 and dated 27.11.2019 passed in Cr. Misc. No. 72342 of 2019. On perusal

of the First Information Report and the aforesaid two orders, I find substance in submission made on behalf of the petitioner that his case stand on similar footing.

This application is accordingly allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Danapur, in Maner P.S. Case No. 158 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

It is indicated that defect, if any, shall be removed within two months.

Since there is a lock down, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be

communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.

Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.

(Chakradhari Sharan Singh, J) Pawan/- U T