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Patna High CourtCR. MISC./7103/2017bail granted

Vakil Rai And ANR v. The State Of Bihar

2017-04-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7103 of 2017 Arising Out of PS.Case No. -199 Year- 1997 Thana -BAKHTIYARPUR District- PATNA ======================================================

1. Vakil Rai

2. Ravi Kant Rai both sons of Dauwan @ Dewan Singh resident of village - Kala Diyara, P.S. - Bakhtiyarpur, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-04-2017 Heard learned counsel for the petitioners and the State. Petitioners seek bail in Bakhtiyarpur P.S. Case No. 199 of 1997 instituted for the offence under Section-395 of the Indian Penal Code.

The informant has alleged that 2-3 persons committed dacoity in the house at night.

From the impugned order of learned Sessions Judge, it appears that name of the petitioners has come in confessional statement of co-accused Manoj Kumar Singh and Naresh Yadav. Petitioners are said to be in custody since 03-10-2016. The report about the present status of the case was called for, in which, it has been mentioned that petitioners have been absconding for last 18 years but it is also mentioned that after

Patna High Court Cr.Misc. No.7103 of 2017 (5) dt.24-04-2017 2/2 their arrest, the case is still pending before the Magistrate and the same has not been committed to the court of Sessions. In such circumstances, the prayer for bail is allowed and the petitioners named above, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bakhtiyarpur P.S. Case No. 199 of 1997 to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna subject to condition that both the bailors should be close relatives of the petitioners with further condition that petitioners will appear before the court below on each and every date and any default on two subsequent dates, will amount to cancellation of bail bonds of the petitioners.

(Sanjay Priya, J) A.K.V./- U T