Radhe @ Radha Kumar @ Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25588 of 2014 Arising Out of PS.Case No. -50 Year- 2011 Thana -RAJEPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Radhe @ Radha Kumar @ Sonu, son of Sri Bilash Mahto, Resident of village- Narayanpur Tola, Nakerdewa P.S.- Rajepur, District- East Champaran .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sunil Prasad Singh For the Opposite Party : Mr. Ganesh Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2015 Petitioner is languishing in custody since 18.01.2014 in a case registered for the offences punishable under Sections 147, 148, 149, 302, 323, 324, 341, 342, 379, 407 of the I.P.C and Section 17 of the Criminal Law Amendment Act.
It is alleged that 15-20 miscreants entered into the courtyard of the informant, took out his licensee D.B.B.L gun and thrashed the father of the informant and slit his neck. The name of the petitioner sprang up on 19.07.11 on the confession of co-accused Sanjay Thakur, Dilip Kumar, Umesh Thakur. Subsequently on 12.10.2011 some of the witnesses claimed themselves to be eye witness suggested that Raja Sahni and Sanjay Thakur tied the hands of the father of the informant, Dilip Sahni and Mahendra Thakur caught hold of the informant when on the order of Suhag Paswan, Aruniya Devi slit the neck of the father of the informant. Though
Patna High Court Cr.Misc. No.25588 of 2014 (8) dt.10-02-2015 2/2 petitioner is alleged to be an associate of the miscreants who entered into the house of the informant along with the miscreants.
It is submitted by learned counsel for the petitioner that Aruniya Devi has been granted bail vide Cr. Misc. No. 1306 of 2012. Co-accused Sanjay Thakur, Dilip Kumar Sah and Umesh Thakur have also been granted bail vide Cr. Misc. No. 13162 of 2012, Cr. Misc. No. 35410 of 2012 and Cr. Misc. No. 172 of 2012.
Considering the fact that name of the petitioner sprang up in the confession of the co-accused at belated stage and others whose name sprang upon confession of co-accused have been granted bail including the person who alleged to have slit the neck of the father of the informant, 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 learned Judicial Magistrate, 1st Class, East Champaran, Motihari in connection with Rajepur P.S. Case No. 50 of 2011.
Since the petitioner has criminal antecedent, let learned Court below cancel the bail bonds of the petitioner, if the petitioner gets substantially involved in similar nature of offence or defaults for three consecutive occasions during trial. (Dinesh Kumar Singh, J) Shageer/- U T