Bihari Rawani @ Shyam Bihari Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41033 of 2019 Arising Out of PS. Case No.-13 Year-2014 Thana- SALAIYA District- Aurangabad ====================================================== BIHARI RAWANI @ SHYAM BIHARI PRASAD Son of Late Shankar Rawani Resident of Village - Jujharpur, P.S.- Goh, Distt - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Salaiya P.S. Case No. 13 of 2014, instituted for the offence under Section(s) 122 of Indian Penal Code, Section 3⁄4 of Explosive Substance Act and Section 17 of CLA Act.

Counsel for the petitioner submits that name of petitioner has come during investigation in the confessional statement of co-accused Devi Lal Yadav. There is no recovery of any incriminating article from possession of the petitioner. He further submits that co-accused Devi Lal Yadav has already been granted bail by coordinate Bench of this Court vide order dated 21.12.2015 passed in Cr. Misc. 49754 of 2015. Petitioner is in custody since 22.6.2018.

Patna High Court CR. MISC. No.41033 of 2019(2) dt.09-07-2019 2/2 Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 learned Chief Judicial Magistrate, Aurangabad, in connection with Salaiya P.S. Case No. 13 of 2014, subject to the condition that both the bailors will be close relatives of the petitioner with further conditions which are as follows:

(i) Petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court (ii) In absence on two consecutive dates without any valid reason, the bail bonds of the petitioner will liable to be cancelled and (iii) if petitioner tampers with the evidence or the witnesses of the case, in that event, prosecution will be at liberty to move for cancellation of bail of the petitioner.

S.Ali/- (Sanjay Priya, J) U T