Akhilesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41497 of 2014 Arising Out of PS.Case No. -14 Year- 2012 Thana -HATHAURI District- MUZAFFARPUR ====================================================== Akhilesh Rai S/o Mahesh Rai Resident of Village-Paramjiwar, P.S.- Hathauri, District-Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Manoj Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 21-01-2015 Heard.

This is second attempt on behalf of the petitioner, whose prayer was earlier refused vide order dated 2nd November 2012 in Cr. Misc. No. 37900 of 2012 subsequently, on 23rd October 2013 in Cr. Misc. No. 22005 of 2013.

Perused report received through letter no.06 of 2015 dated 9th January 2015 which indicates that for treatment petitioner has been admitted to Patna Medical College and Hospital, Patna. It is submitted that his condition is not stable rather has been deteriorating and petitioner intends to get himself treated at PGI, Lucknow at his own cost and further undertakes that due to his personal disappearance for two months from the court below there shall be no delay in further progress of trial since the two doctors left to be examined or any other witness, if left may be examined. Even in his absence his interest shall be represented by the learned counsel having power on his behalf. Further he carries

Patna High Court Cr.Misc. No.41497 of 2014 (6) dt.21-01-2015 2/2 no criminal antecedents.

If it is so, on filing of the undertaking to the effect as stated above the petitioner above named is directed to be released on bail provisionally for a period of two months on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 757 of 2012/ 181 of 2013 arising out of Hathauri P.S. Case No.14 of 2012 and shall surrender before the court below on the date fixed by the Court below, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Accordingly, the application stands disposed of. (Akhilesh Chandra, J) Ashwini/- U T