Patna High CourtCR. MISC./27277/2019bail granted

Rakesh Rai v. The State Of Bihar

2019-04-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27277 of 2019 Arising Out of PS. Case No.-130 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== RAKESH RAI S/o Harendra Rai R/o village- Mosaheb Tola, P.S.- Garkha, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-04-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Mufassil ( Chapra) P. S. Case No. 130 of 2018 instituted for the offence under Section(s) 382/34 of the Indian Penal Code. Learned counsel for petitioner submits that petitioner is not named in the written report. Learned counsel further submits that petitioner was firstly remanded in Marhowrah P.S. case no. 112 of 2018 on the basis of confessional statement of one of the co-accused, namely, Monu Kumar Giri. Thereafter, the police has apprehended this petitioner in the instant case and tried to record his confessional statement on suspicion. It is mentioned in para 5 of the bail petition that police, after arrest, brutally assaulted the petitioner, as a result of which, he

Patna High Court CR. MISC. No.27277 of 2019(2) dt.26-04-2019 2/2 sustained severe injury on his leg. In this respect, the Court below has issued show cause to the S.H.O. of Garkha, Chapra Mufassil and I. O. of Marhowrah P. S. case no. 112 of 2018. Petitioner is in custody since 21.7.2018 Considering the aforesaid, let the petitioner, above named, 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 Addl. Sessions Judge-IX, Saran at Chapra , in connection with Mufassil ( Chapra) P. S. Case No. 130 of 2018 , Sessions Trial no. 816 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T