Ram Uddeshya Rai @ Ram Udeshya Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25925 of 2018 Arising Out of PS. Case No.-90 Year-2017 Thana- PANDARAK District- Patna ====================================================== RAM UDDESHYA RAI @ RAM UDESHYA RAI S/o Late Gita Rai, R/o Vill.- Mekra, P.S.- Pandarak, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-05-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Pandarak P.S. Case No. 90 of 2017, registered for the offence punishable under Sections 147, 148, 149, 364, 302 and 201 of the Indian Penal Code.

The allegation is regarding the accused persons having abducted the son of the informant and thereafter, they are said to have assaulted him and murdered him. The learned counsel for the petitioner submits that as far as the petitioner is concerned, he is said to be a member of the mob, but there is no allegation of any specific overt act as against the petitioner herein. The learned

Patna High Court Cr.Misc. No.25925 of 2018(3) dt.28-05-2018 2/3 counsel for the petitioner has also referred to the supervision note of the police wherein the police itself has submitted that till date, no material whatsoever has been collected during the investigation to connect the petitioner with the alleged crime and the complicity of the accused persons will transpire only after the accused persons are arrested. It is submitted that barring one case in which the petitioner is on bail, the petitioner is having a fair antecedent and he is languishing in custody since 16.11.2017. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh (Patna) in connection with Pandarak P.S. Case No. 90 of 2017. It is further directed that the petitioner would mark his attendance before the Officer-in-Charge of the concerned police station at 10:00 am. on each Monday of the week, upto the stage of framing of charge by the trial court, and in the event of two consecutive defaults, the present privilege of the

Patna High Court Cr.Misc. No.25925 of 2018(3) dt.28-05-2018 3/3 bail shall stand cancelled automatically.

(Mohit Kumar Shah, J) ajay gupta/- U T