Srikant Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 38780 of 2016 Arising Out of PS.Case No. -75 Year- 2015 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ====================================================== Srikant Rai Son of Musafir Rai Resident of Village Karnpura, P.S. Gangabridge, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr.Adv. Mr. Mukesh Kumar, Adv.

For the Opposite Party/s : Mr. Mukeshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

21-09-2016 Heard Sri Ramakant Sharma, learned senior counsel, who was assisted by Sri Mukesh Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. This is the second attempt for grant of bail on behalf of petitioner. Earlier, in view of the fact that petitioner was the main assailant, his prayer for bail was rejected, vide order dated 19-01-2016 passed in Cr. Misc. No. 57075 of 2015. It was submitted by learned senior counsel for the petitioner that the petitioner is in custody since 19-09-2015 and the stage in the case, which was standing at the time of earlier bail petition, is continuing as same. He submits that till date, the case has not been committed to the court of sessions. According to

Patna High Court Cr.Misc. No.38780 of 2016 (2) dt.21-09-2016 2/2 learned counsel for the petitioner, in such a situation, it would be difficult for early disposal of the case.

Keeping in view the fact that it was a case registered under Section 307 & other allied Sections of the Indian Penal Code, Section 27 of the Arms Act, 1959, period of custody as well as submission of learned counsel for the petitioner that the case has not been committed to the court of sessions, let the petitioner namely Srikant Rai 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Gangabridge P.S. Case No. 75 of 2015, with condition that one of the bailor must be blood relation of the petitioner and secondly, during trial, the petitioner shall remain physically present on each and every date. If continuously on two dates, without prior permission of the trial court, the petitioner remains absence, his bail-bond shall stand automatically cancelled.

(Rakesh Kumar, J.) Anay U T