Patna High CourtCR. MISC./44821/2018bail granted

Tulsi Rai v. The State Of Bihar

2018-10-10Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44821 of 2018 Arising Out of PS. Case No.-179 Year-2012 Thana- PAROO District- Muzaffarpur ====================================================== Tulsi Rai S/o Late Brahamdeo Rai, R/o Vill.- Thenapur, P.S.- Paroo, DistrictMuzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv.

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-10-2018 Heard Sri Y.C. Verma, learned senior counsel, assisted by Sri Ashok Kumar, learned counsel for the petitioner. None appeared on behalf of the State.

The sole petitioner, who is in custody since 18-01-018 in Paroo P.S. Case No. 179 of 2012 registered for the offence under Sections 420, 467, 468, 471, 379, 290, 291, 270 and 272 of the Indian Penal Code and Section 47(A) of the Excise Act, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that since the petitioner was accused in other cases also, from time to time he is being remanded in the cases and, as such, he was remanded in the present case on 18-01-2018 and since then, without any trial, the petitioner is languishing in jail custody.

Patna High Court Cr.Misc. No.44821 of 2018(3) dt.10-10-2018 2/2 In this case, by order dated 03-10-2018, a report from the court below was called for, which has been received and kept at Flag 'X'. The report, contained in letter no. 866 of 2018 dated 06-10-2018 sent by the learned Special Judge of Excise, Muzaffarpur, makes it clear that the case is still at appearance stage, whereas the petitioner was remanded in the present case on 18-01-2018.

The Court is of the opinion that since the petitioner is in custody since 18-01-2018 and the case is still at the appearance stage, the petitioner may not be detained further. Accordingly, let the petitioner, namely, Tulsi Rai be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Paroo P.S. Case No. 179 of 2012. (Rakesh Kumar, J.) nawalkrs/- U T