Manish Rai @ Bajrangi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9392 of 2021 Arising Out of PS. Case No.-24 Year-2020 Thana- KARAHGAR District- Rohtas ====================================================== Manish Rai @ Bajrangi, Son of Raj Narayan Rai, Resident of Village - Torni, P.S. - Kargahar, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Singh, Sr.Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-08-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Kargahar P.S. Case No.24 of 2020 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

On being last seen with the deceased before he was found dead, the petitioner along with three others has been

Patna High Court CR. MISC. No.9392 of 2021(2) dt.10-08-2021 2/3 named in the F.I.R.

Learned Senior Counsel representing the petitioner submits that other three co-accused have been allowed bail in Cr. Misc. Nos.8500 of 2021, 8060 of 2021 and 29785 of 2020. Other than suspicion based on last seen, there is nothing to connect the petitioner with the occurrence. Prayer is also made on the ground of parity. The petitioner is in custody since 10.09.2020.

Learned APP for the State has opposed the prayer for bail. He has stated that the petitioner was last seen with the deceased prior to his killing.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, 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 the learned Additional Chief Judicial MagistrateIII, Rohtas, Sasaram, in connection with Kargahar P.S. Case No.24 of 2020, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is

Patna High Court CR. MISC. No.9392 of 2021(2) dt.10-08-2021 3/3 related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T