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Patna High CourtCR. MISC./80177/2023bail granted

Sachidanand Rai v. The State Of Bihar

2024-02-29Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 80177 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== SACHIDANAND RAI S/O LATE MUSHARU RAI R/O VILLAGERAGHUNATHPUR, P.S- SAHEBPUR KAMAL, DISTT.- BEGUSARAI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel appearing on behalf of the parties.

2 The petitioner seeks bail in connection with S Kamal PS Case No 231 of 2023 registered for the offence punishable under Sections 341, 323, 307, 363, 364, 120B/34 of the IPC.

3 Perused the First Information Report and case diary. It appears that FIR has been registered on the basis of Fardbayan of informant Chanakya Kumar against eight accused persons including the petitioner for the offence punishable under Sections 341, 323, 307, 363, 364, 120B/34 of the IPC for attempting to commit the murder of the informant. 4 Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.80177 of 2023(3) dt.29-02-2024 2/3 allegation against the petitioner is general and omnibus and three accused persons, namely Rajeev Rai, Shankar Ray and Chhatri Rai have already been granted anticipatory bail by coordinate Benches of this Court in Cr Misc No 77337 of 2023, Cr Misc No 85247 of 2023 and Cr Misc No 78724 of 2023 respectively.

5 Learned APP and learned counsel for the informant have vehemently opposed the prayer for bail of the petitioner for having so many criminal antecedents.

6 Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner above named be released on bail, after framing of the charge, on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of ACJM IV, Begusarai in S Kamal PS Case No 231 of 2023. 7 The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every

Patna High Court CR. MISC. No.80177 of 2023(3) dt.29-02-2024 3/3 date before the trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) M.E.H./- U T