Navin Kumar @ Navin Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45451 of 2021 Arising Out of PS. Case No.-41 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== Navin Kumar @ Navin Kumar Rai, aged about 20 years, Gender-male, S/O Ramesh Rai R/o village- Lakhanipur Maudah, Lakhimpur, P.S.- Patepur, District- Vaishali ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ravish Mishra, Adv.

For the Opposite Party :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-12-2021 Heard learned counsel for petitioner and learned counsel for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Patepur PS Case No. 41 of 2020, instituted for the offence under Section 392 of the Indian Penal Code. Subsequently sections 395 and 412 of the Indian Penal Code was added.

There is an observation in the order rejecting the petitioner's prayer for bail on 22.12.2020 allowing the petitioner liberty to move this court after framing of charges. The

Patna High Court CR. MISC. No.45451 of 2021(2) dt.22-12-2021 2/3 averments of the petitioner in the supplementary affidavit which has been filed, is that on 03.07.2021 charges have been framed against the petitioner. The petitioner has remained in custody since 16.03.2020.

The learned APP representing the State has opposed the prayer for bail.

Considering the aforesaid development subsequent to the rejection of bail on 22.12.2020 in Cr. Misc. no. 30408 of 2020, as also the facts and circumstances of the case, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed. 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 learned Additional Chief Judicial Magistrate- XIV, Vaishali at Hajipur, in connection with Patepur PS Case No. 41 of 2020, 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.

Patna High Court CR. MISC. No.45451 of 2021(2) dt.22-12-2021 3/3 (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) shyambihari/- U T