Rikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7928 of 2019 Arising Out of PS. Case No.-237 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== Rikesh Kumar, aged about 22 years, Sex, Male, son of Pramod Poddar, resident of Village Golama West, Ward No. 12, P.S. Saurbazar (Patarghat O.P), District, Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bihariganj P.S. Case No. 237/2018 registered for the offence punishable under Sections 392 of the Indian Penal Code and Section 27 of the Arms Act. Informant has alleged that on 02.10.2018 at about 11 p.m. while he along with his villager, Shambhu Rishideo was going to his house by his motorcycle, four motorcycle borne miscreants stopped the motorcycle of the informant and took the key of the said motorcycle and one miscreant also fired upon him. Thereafter, the miscreants after snatching away the motorcycle and mobile of the informant fled away. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.7928 of 2019(2) dt.26-02-2019 2/3 he is innocent and has falsely been implicated in this case at the instance of his enemies. The F.I.R. is against unknown. Petitioner has no criminal antecedent and he is in custody since 13.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Udakishunganj, Madhepura in connection with Bihariganj P.S. Case No. 237/2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court CR. MISC. No.7928 of 2019(2) dt.26-02-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T