Patna High CourtCR. MISC./60639/2017bail granted

Santosh Rai v. The State Of Bihar

2018-02-02Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60639 of 2017 Arising Out of PS.Case No. -149 Year- 2017 Thana -UJIYARPUR District- SAMASTIPUR ====================================================== Santosh Rai, S/o Late Yogi Rai, Resident of Village- Damodarpur, P.S. Ahiyapur, District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shambhu Sharan Singh, Advocate For the Opposite Party : Mr. Abhay Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2018 Counsel the petitioner is permitted to incorporate sections 395/412/120B IPC in paragraph 1 of the bail petition. Said sections have been added in the case during investigation. Heard counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under sections 392/34 and 395/412/120B IPC.

Counsel for the petitioner submits that the petitioner has been roped in this case on the basis of confessional statement of co-accused and he is the bona fide purchaser of coriander and the accused person from whose possession the pick up van was recovered, has already been allowed bail by this Court vide order dated 10.1.2018 passed in Cr.Misc.No. 1146 of 2018 and the petitioner having no antecedent is in custody since 7.9.2017. Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Dalsinghsarai in Ujiarpur Police Station Case No. 149 of 2017 on the following conditions:-

Patna High Court Cr.Misc. No.60639 of 2017 (3) dt.02-02-2018 (i) One of the bailors will be a close relative of the oner who will give an affidavit giving genealogy as to how he is d with the petitioner. The bailor will also undertake to inform the if there is any change in the address of the petitioner. (ii) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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