Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49810 of 2019 Arising Out of PS. Case No.-395 Year-2017 Thana- BHAGWAN BAZAR District- Saran ====================================================== VIJAY RAI Son of Vinod Kumar Ray @ Vinod Ray Resident of villageNaini, P.S. Chapra (Muffasil), District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition has been filed by the petitioner by way of second attempt for grant of regular bail inasmuch the petition of the petitioner for grant of regular bail has stood dismissed by an order dated 25.06.2018, passed in Cr. Misc. No. 23418 of 2018, in connection with Bhagwan Bazar P.S. Case No. 395 of 2017 for the offences punishable under Sections 411, 413, 414, 467, 468 and 471 of the Indian Penal Code. The allegation is regarding stolen motorcycle having been recovered from the possession of the petitioner and subsequently three other stolen motorcycles were recovered on the disclosure made by the petitioner.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.49810 of 2019(3) dt.27-09-2019 2/2 the trial is not proceeding and, in fact, the case has not even been committed to the court of sessions. The learned counsel for the petitioner further submits that the petitioner is ready to deposit a sum of Rs. 50,000/- in the Nazarat of the concerned court for the purposes of grant of regular bail, however, subject to result of the case. It is further submitted that the petitioner has got no criminal antecedent and is languishing in custody since 14.10.2017.

Accordingly, this Court deems it fit and proper to direct for release of the petitioner on regular bail subject to deposit of a sum of Rs.50,000/- in cash before the Nazarat of the civil Court, Saran at Chapra whereupon the petitioner, above named, shall be released on regular bail, subject to such conditions as may be imposed by the learned court of Additional Sessions Judge 2nd, Saran at Chapra in connection with Sessions Trial No. 242 of 2019 arising out of Bhagwan Bazar P.S. Case No.395 of 2017.

The present petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U T