Raju Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24584 of 2020 Arising Out of PS. Case No.-179 Year-2015 Thana- RAJNAGAR District- Madhubani ====================================================== RAJU SAH Son of Yogi Sah Resident of Village- Bhauwara, P.S.- Madhubani Town, District- Madhubani.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-09-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Rajnagar PS Case No. 179 of 2015 registered under Sections 395 and 397 of the IPC. Learned Counsel for the petitioner submits that the allegation in the FIR is against many unknown persons and

Patna High Court CR. MISC. No.24584 of 2020(2) dt.21-09-2020 2/2 petitioner's name has come in the case on the confessional statement of co-accused Raja Ram who has already been allowed bail by this Court vide order passed in Cr. Misc. No. 4016 of 2016. There is no recovery from the petitioner and he has been implicated in this case because of his criminal antecedent. He has not been put on T.I. parade till date and he is in custody since21.1.2020. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named 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 Shri Ashutosh Ravi, Judicial Magistrate, lst Class, Madhubani in Rajnagar. PS Case No. 179 of 2015 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T