Kailash Rai @ Kailash Roy And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43066 of 2018 Arising Out of PS.Case No. -9 Year- 1994 Thana -RAJPUR District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Kailash Rai @ Kailash Roy, S/o Late Charittar Rai,
2. Satan Rai S/o Late Charittar Rai, Both R/o Vill.- Bhagwatia, P.S.- Rajepur, Distt.- East Champaran.
3. Lankesh Rai S/o Jai Narayan Rai, R/o Vill.- Ranipatti, P.S.- Rajepur, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-07-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are in custody since 29.05.2018 in connection with Rajepur P.S. Case No. 09/1994 a case registered for the offences punishable under Sections 447/147/324/ 452/380/447/504/ of the Indian Penal Code.
Learned counsel for the petitioners submits that earlier the petitioners were granted bail but due to certain circumstances beyond control and also the informant had died, the petitioners presumed that the case is, now, not continuing and under such impression they failed to attend the Court. Learned counsel for the petitioners, however, submits
Patna High Court Cr.Misc. No.43066 of 2018 (3) dt.27-07-2018 2/3 that the petitioners are ready to co-operate in the trial and shall appear on each and every date.
In view of the aforementioned facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sadar, East Champaran, Motihari, in connection with Rajepur P.S. Case No. 09/1994, subject to the following conditions:-
(1) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their wife.
(2) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial.
(3) The petitioners 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 reasons, their bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure,
Patna High Court Cr.Misc. No.43066 of 2018 (3) dt.27-07-2018 3/3 the State shall be at liberty to move for cancellation of bail.
(Anjana Mishra, J) Saif/- U T