Birendra Rai @ Pahari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10653 of 2015 Arising Out of PS.Case No. -373 Year- 2013 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Birendra Rai @ Pahari, S/o Bharat Rai, R/o Village- Bishwanathpur, P.S.- Dumara, District- Sitmahari .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amit Kumar Rakesh, Advocate For the Opposite Party/s : Mr. R.B. Roy Raman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 24-06-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 365, 379, 302, 201 and 120B of the Indian Penal Code.

It is submitted that the petitioner has not been named in the FIR. During investigation, his name has appeared as one of the accused. Only suspicion has been raised against him during investigation. The co-accused Madan Prasad has confessed his guilt that he has shot two fires and the medical evidence also corroborates this fact. The co-accused Madan Prasad has already been granted bail vide Cr. Misc. No.299 of 2015. The petitioner is in custody since 19.02.2014.

The learned counsel for the State submits that the

Patna High Court Cr.Misc. No.10653 of 2015 (6) dt.24-06-2015 2/2 petitioner has also criminal antecedents. After investigation, charge sheet has already been submitted. The case has been found true against the petitioner also.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, IX, Muzaffarpur in Sessions Trial No.687/2014 arising out of Minapur P.S. Case No.373 of 2013 with the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T