Rudal Rai @ Krishna Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29008 of 2017 Arising Out of PS.Case No. -171 Year- 2014 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ====================================================== Rudal Rai @ Krishna Mohan Kumar Son of Late Rajkumar Rai, Resident of Village- Anvarpur, P.S.- Sadar Hazipur, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 05-07-2017 Heard both sides.

The petitioner prays for bail in connection with Industrial Area P.S. case No. 171 of 2014, registered under Sections 394, 307 of the IPC and Section 27 of the Arms Act. Earlier his prayer for bail was considered and rejected with observation vide order dated 17.11.2016 (Annexure1). He was granted liberty to renew prayer for bail if the trial is not concluded within 07 months. From the impugned order, it appears that 06 prosecution witnesses have been produced and examined. Only few are left. It is stated that the petitioner is in custody since 17.3.2016.

Considering the submissions made at the Bar and on going through the material on record, this Court, while declining

Patna High Court Cr.Misc. No.29008 of 2017 (2) dt.05-07-2017 2/2 the prayer, dispose of the application by the following order:- Let the trial Court take steps and examine the remaining prosecution witnesses within 04 months from the date of receipt/production of a copy of this order, failing which the petitioner, named above, shall 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 the learned Additional Sessions Judge-V, Vaishali at Hajipur in connection with Industrial Area P.S. case no. 171 of 2014, Sessions Trial No. 366 of 2016, subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) In the event of grant of bail the petitioner shall continue to appear before the Court below in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T