Patna High CourtCR. MISC./12091/2018bail granted

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

2018-03-13Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.12091 of 2018 (2) dt.13-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12091 of 2018 Arising Out of PS.Case No. -38 Year- 2017 Thana -MANER District- PATNA ====================================================== Kunal Kumar Rai @ Kunal Rai S/o Sri Din Dayal Rai, R/o Village- Chakia Tola, Khashpur, P.S.- Maner, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shambhu Sharan Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 30.04.2017 in connection with Maner P.S. Case No. 38 of 2017 for the offences alleged under Sections 302/34 of the Indian Penal Code and Section 25(1-B)a, 26/35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and in any event the thrust of accusation of firing from pistol is against co-accused Jai Biru. Similarly situated co-accused Lallu Rai has been granted bail by this Court in Cr. Misc. No. 58254 of 2017. The petitioner claims clean antecedents.

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/-

Patna High Court Cr.Misc. No.12091 of 2018 (2) dt.13-03-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, in connection with Maner P.S. Case No. 38 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(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) Md. Ibrarul/- U T