Allowed¶25

Subhash Rai v. The State of Bihar

Patna HC19 Aug 2024CR. MISC./50817/2024

Case brief

AI extract

What is this about?

Subhash Rai; Patna High Court; Criminal Miscellaneous No. 50817 of 2024; decided 19-08-2024; Justice Chandra Prakash Singh; Shahpur P.S. Case No. 191 of 1996; IPC ss. 147, 148, 149, 307, 341, 323, 379; regular bail granted; bail bond Rs. 20,000 with two sureties of like amount; earlier bail bond cancelled 28.04.2000 (non-pairvi); custody since 06.04.2024; condition of physical presence before trial court on every date; application allowed.

What did the court decide?

Enlargement on regular bail upon furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each, subject to the condition of remaining physically present before the Court below on every date. ¶25

Subhash Rai Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether regular bail should be granted to petitioner Subhash Rai in connection with Shahpur P.S. Case No. 191 of 1996, registered for offences punishable u/s 147, 148, 149, 307, 341, 323, 379 IPC.

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Court's answer

Considering the facts and circumstances of the case, the allegation levelled against the petitioner and the period of custody, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each.

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Ratio / Principle

Bail is conditioned on the petitioner remaining physically present before the learned Court below on each and every date; failure to appear on two consecutive dates without reasonable cause renders the bail bond liable to cancellation.

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Key takeaways

The bail application stands allowed.ratio¶25

Detailed headnote1 paragraphs

Regular bail granted - Patna High Court (Honourable Mr. Justice Chandra Prakash Singh), Criminal Miscellaneous No. 50817 of 2024, oral order dated 19-08-2024, arising out of Shahpur P.S. Case No. 191 of 1996 (District Patna), registered for offences punishable u/s 147, 148, 149, 307, 341, 323, 379 IPC. Petitioner Subhash Rai had been granted bail by the court below in 1996, but his bail bond was cancelled on 28.04.2000, attributed to non-pairvi by his then Advocate; he had been in custody since 06.04.2024. Considering the allegations and the period of custody, the Court directed his enlargement on bail on a bond of Rs. 20,000/- with two sureties of the like amount each, conditioning continued liberty on his physical presence before the trial court on each and every date, absence on two consecutive dates without reasonable cause rendering the bond liable to cancellation. Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50817 of 2024

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Arising Out of PS. Case No.-191 Year-1996 Thana- SAHPUR District- Patna

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======================================================

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Subhash Rai Son of Late Badri Rai Resident of village - Hetanpur, P.S.Shahpur, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shambhu Sharan Singh, Adv For the Opposite Party/s : Mr. Choubey Jawahar, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 19-08-2024

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Heard learned counsel for the petitioner and learned A.P.P for the State.

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2 . The petitioner has preferred this application for grant of regular bail in connection with Shahpur P.S. Case No. 191 of 1996 registered for the offences punishable u/s 147, 148, 149, 307, 341, 323, 379 of the Indian Penal Code.

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3 . As per the prosecution case, on 12.06.1996 the informant was returning after completing his farming. In the meantime, the petitioner and the co-accused persons surrounded the informant and started assaulting him with lathi and danda. It is further alleged that the co-accused Badri Rai and Sheo Bachan Rai assaulted the informant on his head and the petitioner and the co-accused Suraj Rai also started assaulting

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Patna High Court CR. MISC. No.50817 of 2024(3) dt.19-08-2024 2/3

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the informant with fist and rifle. The co-accused Suraj Rai snatched the hand watch of the informant.

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4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that the petitioner had already been granted bail by the concerned court below in the year of 1996 but due to non-pairvi in the case by his Advocate, the bail bond of the petitioner was cancelled on 28.04.2000. It is further submitted that the petitioner shall be physically present in the court in future and shall co-operate the trial. It is a case of first misuse of privilege of bail. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.04.2024.

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5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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6 . Considering the aforesaid facts and circumstances of the case and the allegation levelled against the petitioner as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned,

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Patna High Court CR. MISC. No.50817 of 2024(3) dt.19-08-2024 3/3

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Patna in connection with Shahpur P.S. Case No. 191 of 1996, with a condition/s:-

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( i ). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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Jyoti/-

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U T

Subhash Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Subhash Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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