Ram Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56191 of 2018 Arising Out of PS.Case No. -209 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Ram Kumar Rai, Son of Bharat Rai, resident of Village- Damodarpur, P.S.- Bibhutipur, Distt.- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Sessions Trial No. 535 of 2017 arising out of Bibhutipur P.S.Case No. 209 of 2015, registered for offences punishable under Sections 302/34 of the Indian Penal Code and under Section 27 of Arms Act.

Earlier prayer for bail of the petitioner was rejected by a Co-ordinate Bench of this court vide order dated 16.02.2018 passed in Cr. Misc. No. 9160 of 2018.

Allegation as per F.I.R. against the petitioner is that after hearing sound of firing the informant saw that the petitione along with other accused persons running away after the midnight and found his father killed by firearm.

Submission of the learned counsel for the

Patna High Court Cr.Misc. No.56191 of 2018 (3) dt.08-10-2018 2/2 petitioners that the petitioner along with other accused persons have been granted bail by different co-ordinate Benches of this Court vide order dated 16.02.2018 passed in Cr. Misc. No. 9160 of 2018 and vide order dated 02.05.2018 passed in Cr. Misc. No. 26664 of 2018 and there is nothing against the petitioner and the petitioner is in custody since 05.08.2017.

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/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, Rosera at Samastipur in connection with Sessions Trial No. 535 of 2017 arising out of Bibhutipur P.S.Case No. 209/2015, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) Sudha/- U T