Rajiv Kumar @ Indian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21347 of 2016 Arising Out of PS.Case No. -525 Year- 2015 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================

1. Rajiv Kumar @ Indian S/o Yogendra Rai Resident of Mohalla- Kachi Pakki, P.S.- Sadar, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Mr. Binod Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-07-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 395 and 397 of the I.P.C Allegedly, six to seven dacoits after entering into the house of the informant committed dacoity after assaulting the informant and her son and took away gold ornaments, cloths and cash of Rs. 12,000/-. During investigation name of the petitioner transpires in the confessional statement of co-accused Jawed @ Chouaa.

Submission is of false implication, the petitioner is in custody since 03.02.2016 but he has not been put on the test

Patna High Court Cr.Misc. No.21347 of 2016 (3) dt.15-07-2016 2/2 identification parade, nothing has been recovered from possession of the petitioner, charge sheet has already been submitted without any legal and tangible material, co-accused Jawed @ Chouaa, who has confessed his guilt, has already been allowed bail vide Cr. Misc. No. 11234 of 2016 by another co-ordinate Bench of this Court and as such the petitioner also deserves sympathetic consideration.

The learned A.P.P. submits that charge sheet has been submitted against the petitioner also.

In the facts and circumstances as stated above, the petitioner is also directed to 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 C.J.M. Muzaffarpur in Sadar P.S. Case No. 525 of 2015/ G.R. No. 5341 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T