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Patna High CourtCR. MISC./3109/2020bail granted

Lankesh Jaiswal @ Aniket Kumar Jaiswal v. The State Of Bihar

2020-03-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3109 of 2020 Arising Out of PS. Case No.-62 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== LANKESH JAISWAL @ ANIKET KUMAR JAISWAL Son of Rajendra Jaiswal @ Rajendra Bhagat Resident of Village - Gauripur Parsa, P.S.- B. Kothi, Distt - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Pandey For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2020 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offences punishable under Sections 302/120B/34 of the Indian Penal Code and under section 27 of the Arms Act. Learned counsel appearing for the petitioner, denying the allegations, submits that the petitioner has falsely been implicated in this case. He submits that the petitioner's name has come in the case on the confessional statement of coaccused Ritesh Kumar. Nothing incriminating has come against the petitioner during investigation to connect him with the alleged offence. He is in custody since 5.10.2019. Similarly situated co-accused have already been allowed bail by different benches of this Court mentioned in para 13 of the bail petition.

Patna High Court CR. MISC. No.3109 of 2020(4) dt.20-03-2020 2/2 Considering the facts of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in Barhara (Raghubans Nagar) Police Station Case No. 62 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T