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Patna High CourtCR. MISC./35230/2018bail granted

Munna Singh @ Munna Ramani @ Munna Rawani v. The State Of Bihar

2018-08-18Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35230 of 2018 Arising Out of PS.Case No. -41 Year- 2014 Thana -ALIPUR District- GAYA ======================================================

1. Munna Singh @ Munna Ramani @ Munna Rawani son of Sri Shivpujan Singh, resident of Village- Ghirsindhi @ Ghirsindi, P.S.- Tekari, DistrictGaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Lilawati singh For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 26.02.2018 in connection with Alipur P.S. Case No. 41/2014 registered for the offences punishable under Sections 121(A) and 384 of the Indian Penal Code and Section 17 of Cr. L.A. Act.

Learned counsel for the petitioner submits that though the petitioner was not arrested from the place of occurrence, the main accused person, namely, Ram Binay Yadav who was arrested has taken the name of the present petitioner and thus, his name finds place in the First Information Report as well. She further submits that there was enmity between the petitioner and Ram Binay Yadav and the petitioner has been languishing in jail on the basis of confessional statement made before the police

Patna High Court Cr.Misc. No.35230 of 2018 (5) dt.18-08-2018 2/3 by main accused Ram Binay Yadav. She thus submits that the petitioner may be extended the privilege of bail. Considering the aforementioned facts and circumstances and also because similarly situated accused person, namely, Rajesh Yadav and also Ram Binay Yadav have since been extended the privilege of regular bail vide order dated 22.06.2016 passed in Cr. Misc. No. 51870 of 2015 and order dated 20.07.2016 passed in Cr. Misc. No. 46634 of 2015, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gaya in connection with Alipur P.S. Case No. 41/2014, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or their wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by

Patna High Court Cr.Misc. No.35230 of 2018 (5) dt.18-08-2018 3/3 the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T