Rajnesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24997 of 2016 Arising Out of PS.Case No. -62 Year- 2015 Thana -SALIMPUR District- PATNA ====================================================== Rajnesh Kumar Son of Gopal Singh resident of village- Raghopur Purvi, P.S.- Jurawanpur, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar Pandey, Advocate. For the Opposite Party : Md. Matloob Rab (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-07-2016 On the ground that marriage of the petitioner has been fixed to be performed on 08.07.2016, this Criminal Miscellaneous is being heard out of turn.

Supplementary affidavit has been filed on behalf of the petitioner annexing marriage card.

Kept it on record.

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

The petitioner seeks bail in connection with Salimpur P.S. Case No.62 of 2015 registered for the offence punishable under Section 392 of the Indian Penal Code.

It is submitted that the petitioner is not named in the First Information Report. During course of investigation, on the basis of confessional statement of co-accused Rahul Kumar, Judge Kumar was apprehended and on the basis of confessional statement of Judge Kumar @ Judge Rai, the petitioner has been

Patna High Court Cr.Misc. No.24997 of 2016 (3) dt.04-07-2016 2/2 implicated in this case, nothing has been recovered from the possession of the petitioner, the petitioner having no criminal antecedent suffering in custody since 12.03.2016, he has not been put on T.I.P., Judge Kumar @ Judge Rai has already been allowed bail vide Cr. Misc. No. 17713 of 2016 and as such he deserves sympathetic consideration.

Learned A.P.P. fairly submits that co-accused Judge Kumar @ Judge Rai has been allowed bail.

In the facts and circumstances stated above, the petitioner is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri Deepak Kumar, learned Judicial Magistrate 1st Class, Barh, Patna, in connection with Salimpur P.S. Case No.62 of 2015, subject to conditions that one of the bailors must be 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.) Amit/- U T