Rajesh Ray @ Rajesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32631 of 2021 Arising Out of PS. Case No.-154 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== RAJESH RAY @ RAJESH RAI aged about 36 years Son of Ram Udgar Ray Resident of Village - Darba, P.S. - Tajpur, Halai O.P., District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Zeyaul Hoda, Advocate For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.
Earlier prayer for bail of this petitioner was refused by this Court vide order dated 8.12.2020 as contained in Annexure 1 to the bail petition.
Learned counsel for the petitioner submits that the petitioner is in custody since 23.5.2020 and till date there is no progress in the trial and subsequently co-accused against whom there is allegation of causing fire arm injury has already been allowed bail.
Considering the facts and circumstances of the case and
Patna High Court CR. MISC. No.32631 of 2021(2) dt.11-08-2021 2/2 the period of custody of the petitioner and the fact that there is no progress in the trial, let the petitioner, mentioned above, be enlarged 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 Chief Judicial Magistrate 1st, Samastipur in Tajpur (Halai OP) PS case no. 154 of 2020 on the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) shashi/- U T