Rana Rai @ Rana Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21767 of 2020 Arising Out of P.S. Case No.-209 Year-2018 Thana-Doriganj District-Saran ====================================================== Rana Rai @ Rana Kumar Yadav, son of Amar Rai, resident of village/ mohallah Bhopatpur, P.S. Koilwar, District Bhojpur at Arrah(Bihar) ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rakesh Kumar For the Opposite Party :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-08-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Doriganj P.S. Case No. 209 of 2018, disclosing the offence punishable under Sections 379, 414 of the Indian Penal Code. On the basis of information given by the informant to the police regarding missing of seven buffaloes, a search was made. It is the case of the prosecution that the buffaloes were, subsequently, recovered from near the house of the petitioner. Accordingly, he has been implicated.

Learned counsel appearing on behalf of the petitioner has submitted that it cannot be said on the basis of what has been alleged that the buffaloes were recovered from a place

2/3 which was in petitioner's possession. He has also argued that the petitioner has no criminal antecedent.

Considering the facts and circumstances and the submissions advanced on behalf of the petitioner as noted above, this application is 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 bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in Doriganj P.S. Case No. 209 of 2018, subject to the condition 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 also indicated that defects, if any, shall be removed within two months from today.

Since there is a lockdown, the Court has considered it appropriate to adopt following procedure for communication of

3/3 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.

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