Prakash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49997 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- NAWANAGAR District- Buxar ====================================================== Prakash Rai Son of Mithlesh Kumar Rai Resident of Village - Varuna, P.S.- Bikramganj, Distt - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Nawanagar (Sonbarsha) PS case no. 79 of 2019 instituted for the offences punishable under Section 394 of Indian Penal Code and 27 of Arms Act.

The allegation is regarding the accused persons including the petitioner herein having shot at the owner of a shop after approaching the said shop, whereafter they are said to have taken away money from the cash box.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case only on suspicion, inasmuch as the accused persons were apprehended by the villagers and badly beaten whereupon the district police had, after great difficulty, managed to free them from the mob. It is also

Patna High Court CR. MISC. No.49997 of 2019(3) dt.27-09-2019 2/2 submitted that neither any recovery has been made from the petitioner nor he has been put on T.I. parade. It is further submitted that though the petitioner is an accused in two other cases, however the petitioner has been enlarged on bail in one of the case and steps have been taken to release him in the other case. The petitioner is stated to be languishing in custody since 01.06.2019, as far as the present case is concerned.

Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Buxar in connection with Nawanagar (Sonbarsha) PS case no. 79 of 2019. It is further directed that the petitioner shall mark his presence before the officer-in-charge of the concerned police station at 10 am on every Monday, starting from the day he is released on bail, and in case of failure to do so on two consecutive occasions, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith. (Mohit Kumar Shah, J) rinkee/- U T