Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5978 of 2020 Arising Out of PS. Case No.-619 Year-2018 Thana- BEGUSARAI MUFFASIL District- Begusarai ====================================================== RAJA KUMAR Son of Mohan Roy Resident of Village-Rajaura near Sikandarpur Mandir, ward no.6, P.S-Muffasil, District-Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate.

For the Opposite Party/s:

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 447, 448, 323, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Muffasil P.S. Case No. 619 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the thrust of accusation of assault is against other co-accused persons. The petitioner is merely said to have been present at the spot. The petitioner's case stands on better footing then co-accused Mukund Kumar @ Mukund Rai and Kanhaiya Kumar @ Ankit Kumar who are said to have been assaulted the informant have been granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 5197 of 2019 and Cr. Misc. No. 18198 of 2019 respectively. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from

Patna High Court CR. MISC. No.5978 of 2020(2) dt.28-02-2020 2/2 the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. Case No. 619 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U