Bipin Kumar Rai @ Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44967 of 2018 Arising Out of PS.Case No. -11 Year- 2017 Thana -KARJA District- MUZAFFARPUR ======================================================

1. BIPIN KUMAR RAI @ BIPIN KUMAR S/o Fuleshwar Ray, R/o Vill.- Sultanpur, Chhaurahi, P.S.- Patory, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niranjan Parihar For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Sessions Trial No. 707 of 2017 arising out of Karja P.S.Case No. 11 of 2017 under Sections 395/397 of the Indian Penal Code. Allegation against the petitioner is that some unknown criminals looted the informant and also taken away his vehicle. Submission of the learned counsel for the petitioner is that the petitioner is not named in the F.I.R. but later on his name transpires on the confession of co-accused. It is further submitted that the petitioner has falsely been implicated in this case and nothing has been recovered from the possession of the petitioner and the similarly situated co-accused has been granted privilege of bail by a Co-ordinate Bench of this Court vide order dated 28.06.2018, passed in Cr. Misc. No. 36361 of 2018 and the

Patna High Court Cr.Misc. No.44967 of 2018 (3) dt.06-09-2018 2/2 petitioner is in custody since 11.05.2017.

Heard learned A.P.P. , who opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- XIII, Muzaffarpur in connection with Sessions Trial No. 707 of 2017 arising out of Kanja P.S.Case No. 11 of 2017, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds (Vinod Kumar Sinha, J) Sudha/- U T