Ramesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36779 of 2019 Arising Out of PS. Case No.-223 Year-2013 Thana- RAJPUR District- Buxar ====================================================== RAMESH RAI Son of Rajendra Rai Resident of Village - Dihri, P.S.- Rajpur, Distt - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Sharma Mr.Bipin Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as informant. Petitioner is in custody in connection with Rajpur P.S. Case No. 223 of 2013 for the offence under sections 147, 148, 149 and 302 of the Indian Penal Code as well as 27 of the Arms Act.

Learned counsel for the petitioner would submit that petitioner is in custody since 30.4.2016 and as such he has remained in custody for more than three years Learned counsel for the informant submits that petitioner absconded for nearly two and half years. However, he admits that the petitioner has remained in custody for more than three years. He submits that there is apprehension that the petitioner, if released on bail, he may commit crime against the family of the informant.

Considering the totality of the fact situation

Patna High Court CR. MISC. No.36779 of 2019(3) dt.17-08-2019 2/2 particularly the fact that petitioner has remained in custody for more than three years, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-III, Buxar, in connection with Rajpur P.S. Case No. 223 of 2013 subject to the condition (1) petitioner shall not cause any influence and threat to the informant or witnesses.

(II) Petitioner shall extend full cooperation in the early conclusion of the trial.

In the event, the petitioner fails to attend the court proceeding on two consecutive dates without any cogent reason, liberty shall be available to the court below to cancel the bail bond. The informant shall be at liberty to move before the court below in the event the informant sides receive any threat, on application, the trial court shall pass appropriate order on appropriate enquiry.

(Anil Kumar Upadhyay, J) Ravi/- U T