Rambabu Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.55183 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55183 of 2018 Arising Out of PS.Case No. -147 Year- 2017 Thana -CHAPRA TOWN District- SARAN ====================================================== Rambabu Rai S/o Raghubar Rai, R/o Vill.- Balwan Tola, P.S.- Doriganj, District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh,Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420 and 409 IPC registered in connection with Chapra Town P.S. Case No. 147 of 2017.

3. It is submitted that the petitioner has been falsely implicated in connection with illegal appointment of Panchayat Teachers. It is stated that the main accused in the case is Rajendra Rai, Panchayat Secretary, who has since been granted anticipatory bail by this Court in Cr. Misc. No. 32954 of 2017. The petitioner's name has transpired in course of investigation merely because he happens to be the Mukhiya.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten

Patna High Court Cr.Misc. No.55183 of 2018 (2) dt.06-10-2018 thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M. VII, Saran at Chapra in connection with Chapra Town P.S. Case No. 147 of 2017 subject to the conditions as laid down under Section 438 (2) Cr.P. C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran U T