Patna High CourtCR. MISC./44464/2017bail granted

Mithilesh Rai v. The State Of Bihar

2017-09-13Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44464 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -DERNI District- SARAN ======================================================

1. Mithilesh Rai Son of Bhikhari Rai @ Braj Kishore Prasad Rai, Resident of Village- Bhagwanpur P.S. Awtarnagar, District- Saran (Chapra). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amar Nath Mishra For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2017 Heard the parties.

The petitioner seeks regular bail in Derni P.S. Case No.06 of 2017 registered for the offence under Section 302/34 of the I.P.C. and Section 27 of the Arms Act.

Earlier prayer for bail of the petitioner was rejected vide Annexure-1 with observation that the petitioner may renew his prayer for bail after submission of charge sheet in this case.

Submission of the learned counsel for the petitioner is that now charge sheet has been submitted

Patna High Court Cr.Misc. No.44464 of 2017 (2) dt.13-09-2017 2/3 and he is in custody for more than four months and ready to abide by the conditions imposed on him. However, learned court below has rejected bail petition of the petitioner without considering the material available on record.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M., Saran at Chapra, in Derni P.S. Case No.06 of 2017 subject to the conditions that (1) one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The petitioner will not induce any witness or tamper with the evidence. (3) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the

Patna High Court Cr.Misc. No.44464 of 2017 (2) dt.13-09-2017 3/3 court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. (Vinod Kumar Sinha, J) AnilKrSinha/- U