Patna High CourtCR. MISC./39030/2015bail granted

Sunil Rai v. The State Of Bihar

2015-10-07Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39030 of 2015 Arising Out of PS.Case No. -182 Year- 2014 Thana -NAUBATPUR District- PATNA ====================================================== Sunil Rai S/o Ramdeo Rai, Resident of Village Gadaipur, P.S. Naubatpur, District Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5, Advocate For the Opposite Party/s : Mr. Prem Kr.Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Naubatpur P. S. Case No. 182 of 2014 registered under Sections 341, 323, 337, 324, 307, 302 & 34 of the Indian Penal Code. The prayer for bail of the petitioner was earlier rejected by this Court on merit, vide order dated 27.11.2014. It is contended that two other co-accused, namely, Sadhu Rai and Tuntun Rai against whom there is identical allegation to that of the petitioner, have already been granted bail by a Bench of this Court. It is further contended that the petitioner is a patient of AIDS and earlier he was undergoing treatment in AIIMS, New Delhi for Antiretroviral Treatment. When the facility of

Patna High Court Cr.Misc. No.39030 of 2015 (3) dt.07-10-2015 2/2 Antiretroviral Treatment started in PMCH, he is being regularly taken to PMCH for treatment under orders of the trial Court. It is further contended that the serious nature of ailment requires special attention, which is not available inside the jail. It is further contended that though the petitioner is in custody since 28.6.2014, the charges have not been framed till date.

Learned counsel for the informant has vehemently opposed the prayer for bail.

Regard being had to the facts and circumstances of the case, the petitioner is directed to 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 Sri Kumar Madhvendra learned Judicial Magistrate, 1st Class, Danapur in Naubatpur P. S. Case No. 182 of 2014, G. R. No. 1199 of 2014. (Ashwani Kumar Singh, J.) Kanchan/- U T