Mantu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10735 of 2021 Arising Out of PS. Case No.-83 Year-2019 Thana- RAGHOPUR District- Vaishali ====================================================== Mantu Rai aged about 30 years Son Of Sri Nemdhari Rai Resident Of Village-Rushtampur, Tinpairiya (Saidabad), P.S.-Raghopur (Rushtampur O.P.), District-Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vijay Kumar Sinha, Advocate For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-06-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 307/34 and other allied sections of the Indian Penal Code. Petitioner's prayer for bail was earlier refused by this Court vide order dated 9.7.2020, Annexure 4. From perusal of the report of the court below dated 12.4.2021, summons and warrants have already been issued for ensuring appearance of rest prosecution witnesses.

Patna High Court CR. MISC. No.10735 of 2021(3) dt.07-06-2021 2/3 Learned counsel for the petitioner submits that the petitioner has been implicated in this case due to mala fide intention. Petitioner bears clean antecedent and he is in custody since 23.8.2019 though similarly situated co-accused Nemdhari Rai has already been allowed bail by a coordinate bench of this Court vide order dated 27.11.2019, passed in Cr.Misc.No. 69805/2019.

State counsel opposes the prayer for bail.

Considering the nature of allegation, clean antecedent of the petitioner, period of custody and the progress in the trial, let the petitioner, mentioned above, be enlarged 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 Chief Judicial Magistrate, Vaishali at Hajipur in Raghopur Police Station Case No. 83 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.10735 of 2021(3) dt.07-06-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T