Raj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69252 of 2018 Arising Out of PS. Case No.-63 Year-2014 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== Raj Kumar Rai, Son of Late Bhola Rai, Resident of Village- Teka Bigha, P.S.- Bakhtiyarpur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kr. Choudhary : Mr. Akshansh Ankit For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with G.R.P. (Rail) Bakhtiyarpur PS case no. 63 of 2014 registered for the offence punishable under Section 302 of Indian Penal Code.

The allegation is regarding unknown accused persons having assaulted the brother of the informant resulting in his death on account of cutting his neck by sharp edged weapon.

The learned counsel for the petitioner submits that the petitioner has not been named in the F.I.R. and the name of the petitioner has transpired belatedly during the course of

Patna High Court Cr.Misc. No.69252 of 2018(3) dt.09-01-2019 2/3 investigation after one and half years. It is further submitted that the petitioner is languishing in custody since 22.07.2018. Lastly, it is submitted that though the criminal antecedent of the petitioner is very bad, inasmuch as he is an accused in 15 other cases, however the petitioner is on bail in all the said cases. Finally, it is submitted that the petitioner is ready to abide by whatever terms and conditions this Court may impose as also is ready for furnishing cash security.

Having regard to the facts and circumstances of the case and considering the antecedent of the petitioner herein, I deem it fit and proper to enlarge the petitioner on regular bail, however subject to certain stringent terms which are acceptable to the learned counsel appearing for the petitioner, as stated herein-below.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail subject to deposit of a sum of Rs. 2.5 lacs by way of cash security, whereupon the petitioner shall be released by the concerned trial court upon such conditions as may be imposed by the learned court of A.C.J.M., Railway, Patna in connection with G.R.P. (Rail) Bakhtiyarpur PS case no. 63 of 2014. It is further directed that the petitioner shall put his attendance before the concerned police station at 10 am on

Patna High Court Cr.Misc. No.69252 of 2018(3) dt.09-01-2019 3/3 every Monday of the week and in case of two consecutive defaults, the present privilege of bail shall stand cancelled automatically and the petitioner would be liable to be arrested forthwith.

(Mohit Kumar Shah, J) rinkee/- U T