Sri Kant Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17371 of 2015 Arising Out of PS.Case No. -9 Year- 2013 Thana -MANER District- PATNA ====================================================== Sri Kant Rai son of Late Brij Bihari Rai, Resident of village/MohallaNilkanth Tola, Goraiya Aasthan, P.S.- Maner, Dist- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nandlal Kumar Singh, Adv For the Opposite Party/s : Mr. Arun Kumar Singh 5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 25-06-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for the offences punishable under Section307 and other allied offences of the Indian Penal Code and the admitted position that the petitioner is said to be only the order giver and similarly situated co-accused Rajeshwar Rai, having no allegation of any overt act like the petitioner, has been granted the privilege of anticipatory bail, this Court would direct that if the petitioner namely, Sri Kant Rai, surrenders within a period of four weeks from today, he would be released

Patna High Court Cr.Misc. No.17371 of 2015 (2) dt.25-06-2015 on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Danapur in connection with Maner P.S. Case No. 09 of 2013, subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following conditions:- (i) That both the bailors will be close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the bailor shall also state on affidavit that they will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail

Patna High Court Cr.Misc. No.17371 of 2015 (2) dt.25-06-2015 will be liable to be cancelled for reasons of misuse. (iv) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Ranjan/- U T