Raju Rai @ Devendra Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49414 of 2014 Arising Out of PS.Case No. -42 Year- 2002 Thana -EKMA District- SARAN ====================================================== Raju Rai @ Devendra Kumar Rai, Son of Late Brij Bihari Rai, Resident of Village - Chhitrawaliya, P.S.- Ekma, District - Saran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Surinder Kumar For the Opposite Party/s : Mr. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

03-03-2015 Heard learned counsel for the petitioner and Smt. Renu Kumari, learned Addl. Public Prosecutor.

The petitioner, who is in custody since 16.06.2014 in Ekma P.S. Case No.42 of 2002, Tr. No.839 of 2010( Old) Tr.No.4760/14 ( New) registered for the offence under Sections 420, 467, 468 and 471 of the Indian Penal Code, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that earlier the petitioner had filed a bail petition before the learned Addl. Sessions Judge, Chapra and his prayer for bail was rejected on 11.07.2014 in view of fact that evidence was going on. While dismissing the bail petition, learned Addl. Sessions Judge had observed that if trial is not concluded within a period of four months, he would be at liberty to renew his prayer for bail.

Patna High Court Cr.Misc. No.49414 of 2014 (2) dt.03-03-2015 2/2 Thereafter, again he filed a bail petition, which too stood dismissed on 25.11.2014. He submits that on second occasion, the prayer for bail of the petitioner has been rejected on the ground that for that time, the court had become vacant Keeping in view the nature of accusation and as well as the fact that the petitioner is in custody since 16.06.2014, let the petitioner Raju Rai @ Devendra Kumar Rai 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 learned 1st Addl. Sessions Judge, Chapra in connection with Tr.No.4760 of 2014 arising out of Ekma P.S. Case No.42 of 2002 on conditions that (i) one of bailors must be blood relation of the petitioner and (ii) before the trial court, on each and every date the petitioner shall remain physically present. If continuously on two dates the petitioner fails to appear before the trial court without prior permission of the court, his bail bond shall stand automatically cancelled.

NKS/- (Rakesh Kumar, J) U