Arun Rajbanshi @ Gulel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50667 of 2022 Arising Out of PS. Case No.-212 Year-2020 Thana- NAWADA District- Nawada ====================================================== ARUN RAJBANSHI @ GULEL S/o Late Krishna Rajbanshi Resident of Village- Thakur Sthan, Rajgir, P.S.- Rajgir, District- Nalanda. (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Prasad Singh For the Opposite Party/s :
Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. This is the third attempt of the petitioner to approach before this Court for bail. Earlier, vide detailed order dated 07.07.2021 passed in Cr. Misc. No. 11791 of 2021 and order dated 02.02.2022 passed in Cr. Misc. No.4412 of 2022, the prayer for bail of the petitioner was rejected.
3. Vide order dated 05.07.2023, a report was called for from the learned Court below. In compliance thereof, a report dated 26.07.2023 sent by the Chief Judicial Magistrate, Nawada is at Flag 'B' to this application, in which it is, inter alia, stated that the co-accused who are on bail are not turning up and on the next date he will take step to split up the trial.
4. Considering the facts aforesaid as well as the
Patna High Court CR. MISC. No.50667 of 2022(5) dt.02-08-2023 2/3 fact that the petitioner is in custody since 06.03.2020 and his name transpired in this case on the confessional statement of coaccused and no T.I.P. was conducted, the above named petitioner is directed to 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 the learned Court below where the case is pending/successor Court in connection with Nawada Town P.S. Case No.212 of 2020, subject to the following conditions :
(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (iii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(iv) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
Patna High Court CR. MISC. No.50667 of 2022(5) dt.02-08-2023 3/3 (v) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.
(Anjani Kumar Sharan, J) Trivedi/- U T