Manoj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33233 of 2019 Arising Out of PS. Case No.-94 Year-2003 Thana- DALSINGHSARAI District- Samastipur ====================================================== MANOJ KUMAR RAI Son of Late Ram Lakhan Rai Resident of Village - Jahanpur, P.S. - Bachhwara, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Dalsingsarai P.S. Case No. 94/2003 registered for the offense punishable under Sections 395 of the Indian Penal Code. Learned counsel for the petitioner submits that though the case is of the year 2003, he made to know about the same only lately and it appears that the petitioner is not named in the F.I.R., but subsequently, during the course of investigation, his name has surfaced by some co-accused and as a result thereof he is facing prosecution. Learned counsel for the petitioner further submits that as and when required, he shall appear before the Court and shall ensure that the trial reaches its logical conclusion.

Patna High Court CR. MISC. No.33233 of 2019(2) dt.20-05-2019 2/3 Considering the aforementioned facts and circumstances, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dalsingsarai, Samastipur, in connection with Dalsingsarai P.S. Case No. 94/2003, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C., subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the

Patna High Court CR. MISC. No.33233 of 2019(2) dt.20-05-2019 3/3 State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T