Nepali Rai @ Nepali Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68355 of 2022 Arising Out of PS. Case No.-125 Year-2022 Thana- PATORI District- Samastipur ====================================================== Nepali Rai @ Nepali Kumar Son Of Rajbali Ray @ Rajbali Rai R/O VillageBashra, P.S.- Patori (O.P. Mohanpur), District- Samastipur (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Adv.

For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-01-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Patori P.S. Case No. 125 of 2022 lodged under Sections 341, 323, 354(b), 448, 504, 506/34 of the I.P.C. for the offences Under Section 8 of the POCSO Act and for the offences under section 37(c) of the Bihar Prohibition and Excise Act, 2018. It has been mentioned by the learned counsel for the petitioner that vide order dated 30.08.2022, the bail application of the petitioner was rejected with direction that he may renew his prayer for bail after framing of charge.

Learned counsel for the petitioner submits that by way

Patna High Court CR. MISC. No.68355 of 2022(3) dt.11-01-2023 2/3 of supplementary affidavit, he has filed the copy of framing of charge.

Learned counsel for the State opposes the prayer for bail and submits that charge has been framed. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge - VI - Cum - Special Judge (POSCO Act), Sitamarhi in connection with Patori (Mohanpur O.P.) P.S. Case No. 125 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of

Patna High Court CR. MISC. No.68355 of 2022(3) dt.11-01-2023 3/3 furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T