Rishi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42119 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Rishi Kumar Son of Ram Pravesh Mahto, resident of Village- Madhuban, P.O.- Silaut, P.S.- Maniyari, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Rakesh For the Opposite Party/s : Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Saraiya P.S. Case No. 18 of 2016 registered for offence under section 414 of the Indian Penal Code. The petitioner had earlier moved before this Court for bail in Cr. Misc. No. 18229 of 2016 and this Court, vide order dated 02.05.2016, rejected the same with liberty to renew his prayer for bail after completion of nine months in jail-custody. The counsel for the petitioner submits that the petitioner is in custody since 14.01.2016.

In view of the observation, let the petitioner, Rishi Kumar, be released on bail on his furnishing bail bond of

Patna High Court Cr.Misc. No.42119 of 2016 (2) dt.28-09-2016 2/2 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Saraiya P.S. Case No. 18 of 2016, subject to the condition that (i) one of the bailors shall be father/mother/wife/son of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail (iii) the petitioner would cooperate in the proceeding of the court below. In event of failure to appear on two consecutive dates without any rhyme or reason, the court below will be at liberty to pass the order, including cancellation of bail bonds. (Shivaji Pandey, J) Mahesh/- U T