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Patna High CourtCR. MISC./1177/2024bail granted

Chhotu Rai v. The State Of Bihar

2024-04-10Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1177 of 2024 Arising Out of PS. Case No.-403 Year-2022 Thana- BARARI District- Katihar ====================================================== Chhotu Rai, aged about 40 years, (Male) S/O Subh Narayan Rai R/O VillageMohnadih, P.S- Barari, Distt.- Katihar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1290 of 2024 Arising Out of PS. Case No.-403 Year-2022 Thana- BARARI District- Katihar ====================================================== Nanda Ray, aged about 27 years (Male) Son of Jay Narayan Ray, Resident of village - Mohna Chandpur, P.S.- Barari, District- Katihar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1747 of 2024 Arising Out of PS. Case No.-403 Year-2022 Thana- BARARI District- Katihar ====================================================== Abhishek Kumar Pandey @ Abhishek Pandey, aged about 22 years, (Male), Son of Arvinda Pandey @ Guddu Pandey, Resident of Village - Mohna Chandpur, P.S.- Barari, District- Katihar.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 1177 of 2024) For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP (In CRIMINAL MISCELLANEOUS No. 1290 of 2024) For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP (In CRIMINAL MISCELLANEOUS No. 1747 of 2024) For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ======================================================

Patna High Court CR. MISC. No.1177 of 2024(3) dt.10-04-2024 2/3 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in a case registered for an offence punishable under Sections 147, 148, 149, 341, 323, 307, 302, 201, 364, 386 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, it is a case of abduction of the son of the informant.

4. Learned counsel for the petitioners have submitted that petitioners have falsely been implicated in this case. He next submits that similarly situated co-accused persons have already been granted bail by this Court passed in Cr. Misc. Nos. 41308 of 2023, 40500 of 2023, 50022 of 2023 and 8524 of 2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the aforesaid facts and circumstances as well as the fact that similarly situated coaccused persons have already been granted bail by this Court, let the petitioners, above named, be directed to be released on bail in connection with in connection with Sessions Trial No.

Patna High Court CR. MISC. No.1177 of 2024(3) dt.10-04-2024 3/3 221 of 2023 arising out of Barari P.S. Case No.403 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Katihar/concerned court with following conditions:- (i) The petitioners shall support in trial and shall appear physically present before the trial 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 their bail bond.

(ii) One of the bailors shall be close relative who shall file an affidavit before the court about their relationship with the petitioners.

(iii) The petitioners shall file an affidavit at the time of furnishing of bail bond and they shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of their present bail bond.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T