Santosh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19425 of 2017 Arising Out of PS.Case No. -131 Year- 2012 Thana -AMARPUR District- BANKA ====================================================== Santosh Rai Son of Late Banarsi Rai, Resident of Village- Jankipur, P.O.- Pawai, Police Station- Amarpur, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee, Adv. For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Amarpur P.S. Case No. 131 of 2012 registered for offences under sections 341, 323, 376/34 of the Indian Penal Code.

It appears that the complaint case no. 580 of 2012 was filed and later on it was sent for investigation under Section 156 (3) of the Cr.P.C. to the police which led to institution of police case.

Earlier the petitioner had moved before this Court with a prayer for regular bail in Cr. Misc. No. 46389 of 2016 and this Court, vide order dated 24.10.2016, rejected the same on the

Patna High Court Cr.Misc. No.19425 of 2017 (2) dt.10-05-2017 ground that the petitioner has surrendered in the year 2016 and remained absconding for about four years. The petitioner is in judicial custody since 20.04.2016.

Looking to the facts and circumstances of the case as also the period of custody, let the petitioner, namely, Santosh Rai 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 learned Adhoc Additional Sessions Judge 1st, Banka in connection with S.T. No. 32 of 2017 arising out of Amarpur P.S. Case No. 131 of 2012.

(Shivaji Pandey, J) Rishi/- U T