Patna High CourtCR. MISC./36762/2017allowed

Anil Rai v. The State Of Bihar

2017-10-04Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36762 of 2017 Arising Out of PS.Case No. -56 Year- 2017 Thana -BASANTPUR District- SIWAN ====================================================== Anil Rai, Son of Late Badri Rai, Resident of Village - Rajapur, P.S.- Basantpur, District-Siwan.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Pandey, Advocate For the State : Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 11.02.2017 in connection with Basantpur P.S. Case No. 56 of 2017 for the offences alleged under Sections 302/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and in any event, even according to the first information report, the assailant is co-accused Deep Lal Rai and not the petitioner. Similarly situated co-accused Kisan Rai @ Krishna Rai @ Kishan Rai has been granted bail by this Court in Cr. Misc. No. 46100 of 2017 vide order dated 20.09.2017.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 56 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

Patna High Court Cr.Misc. No.36762 of 2017 (3) dt.04-10-2017 2/2 (ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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 reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate 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.

(Vikash Jain, J) B.T/Chandran U T