Patna High CourtCR. MISC./52421/2017disposed

Mukesh Rai v. The State Of Bihar

2017-11-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52421 of 2017 Arising Out of PS.Case No. -131 Year- 2013 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mukesh Rai, son of Sri Jai Rai, resident of village Katkenwa, P.S. Adapur, District East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Adapur P.S.Case No. 131 of 2013 registered for the offences punishable under Sections 147, 148, 149, 448, 380, 447, 302, 120B of the Indian Penal Code and 27 of the Arms Act.

Petitioner is named in the FIR.

Submission of learned counsel for the petitioner is that FIR disclosed that petitioner is not assailant, rather allegation against him is of snatching of Rs.90,000/- from attachi and there was land dispute between the parties and he is in custody for three months and other co-accused persons have been granted bail by a co-ordinate Bench of this Court in Cr.Misc.No. 16808 of 2015, vide order dated 17.8.2015 (Annexure-2).

Patna High Court Cr.Misc. No.52421 of 2017 (2) dt.21-11-2017 2/2 Heard learned APP also.

Having heard both sides and considering the fact that so far allegation is concerned, there is no allegation against the petitioner of assault but it appears that the case is of the year 2013 and petitioner surrendered in the year 2017 and considering the conduct of the petitioner, I am not inclined to grant bail to the petitioner at this stage.

However, this application is disposed of with the direction to learned trial court that once charge has been framed in this case the trial court shall release the petitioner on bail to its own satisfaction on filing of undertaking that petitioner will cooperate in trial and appear on each and every date, except showing any genuine reason.

(Vinod Kumar Sinha, J) spal/- U