Rajesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26212 of 2016 Arising out of PS.Case No. -278 Year- 2015 Thana -PAHARPUR District- EAST CHAMPARAN(MOTIHARI) ====================================================== RAJESH RAI, Son of Lalu Rai, resident of Village-Dabriya, P.S.- Nautan, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Abhishek Kumar, Advocate. For the Opposite Party : Mr. Arbind Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 07.10.2015 in connection with Trial No. 1322 of 2016, arising out of Paharpur P.S. Case No. 278 of 2015 for the offences instituted under Section 392 of the I.P.C., but the cognizance has been taken under Sections 394 and 412/34 of the IPC.

The prosecution story, in brief, is that the tractor of the informant was taken away by two unknown persons after having tied his leg and hand left him.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.10.2015 and the charge sheet has

Patna High Court Cr.Misc. No.26212 of 2016 (3) dt.30-08-2016 2/2 been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He is not named in the FIR. He has not been put on T.I. Parade. The other co-accused has been granted bail by another co-ordinate Bench of this Court vide Annexure-2 to the present application. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Sadar, East Champaran at Motihari, in connection with Trial No. 1322 of 2016, arising out of Paharpur P.S. Case No. 278 of 2015. U.K./- (Sudhir Singh, J) U T