Ramchandra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21819 of 2017 Arising Out of PS.Case No. -74 Year- 2016 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramchandra Rai, son of Late Natha Rai, resident of village Rampur Barka Tola, P.S. Darpa, District East Champaran (Motihari) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is an application for bail in connection with Darpa P.S.Case No. 74 of 2016 registered for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and 30(A), 34(A)(B) of Bihar Excise Amendment Act, 2016. Petitioner has earlier moved this Court for grant of bail and prayer has been rejected in Cr.Misc.No. 7965 of 2017, vide order dated 23.2.2017 with an observation that petitioner may renew his prayer for bail after completion of six months period in custody.

It has been submitted on behalf of the petitioner that by mistake few days earlier this application has been filed and petitioner is in custody for almost six months in this case. Having heard both sides and considering the fact that no doubt it appears that there are few days left in completion of six

Patna High Court Cr.Misc. No.21819 of 2017 (2) dt.03-05-2017 2/2 months period in custody but the petitioner has remained in custody for almost six months, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Raxaul at Motihari (East Champaran), in connection with Darpa P.S.Case No. 74 of 2016, G.R.No. 887 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U