Arun Kumar @ Arun Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2277 of 2022 Arising Out of PS. Case No.-87 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Arun Kumar @ Arun Rai Son Of Late Yogindar Ray Resident Of VillageBhagwatipur, P.S.- Ahiyapur, District- Muzaffarpur ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Raju Paswan Son of Late Mangal Paswan Resident of Village- Bara Jagarnath, P.s.- Ahiyapur, District- Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Yugal Kishore For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

Vide order dated 31.03.2022, bail application of the appellant was earlier rejected with liberty to renew his prayer for bail after framing of charge. On 31.03.2022, counsel for the opposite party no. 2 was also present.

Learned counsel for the appellant submits that now charge has been framed against the appellant by order dated 02.06.2022.

Considering the fact that the charge has already been framed against the appellant, let the above named appellant, be enlarged on bail on furnishing bail bond of

Patna High Court CR. APP (SJ) No.2277 of 2022(2) dt.27-07-2022 2/3 Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-1st-cum-Special Court (SC/ST Act), Muzaffarpur in connection with Ahiyapur P.S. Case No. 87 of 2021, subject to the conditions:

(1) that one of the bailors will be a close relative of the appellant, who will give an affidavit giving genealogy as to who he is related with the appellant. He will also undertake to inform the court if there is any change in the address of the appellant.

(II) that the appellant will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the appellant will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (IV) that the bailor shall also stated on affidavit that he will inform the Court concerned if the appellant is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

Patna High Court CR. APP (SJ) No.2277 of 2022(2) dt.27-07-2022 3/3 Accordingly, the impugned order is set aside and the appeal is allowed.

(Anjani Kumar Sharan, J) devendra/- U T