Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58399 of 2015 Arising Out of PS.Case No. -430 Year- 2015 Thana -GAYA KOTWALI District- GAYA ======================================================

1. Raja Kumar Son of Dipu Kumar @ Deepak Prasad Resident of Village - Ramdhanpur Pahali Gali, P.S.- Kotwali, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kotwali, P.S. Case No. 430 of 2015 registered for the offence punishable under Section 394 of the Indian Penal Code and Section 25 of the Arms Act.

Allegedly, the miscreants after committing robbery in the house of the informant at the point of revolver jumped on the road resulting the petitioner became injured and others two fled away, petitioner was caught and handed over to police. Submission is of false implication and that the petitioner has been made victim of the circumstances, the fire arm was not recovered from conscious possession of the petitioner

Patna High Court Cr.Misc. No.58399 of 2015 (3) dt.24-02-2016 2/2 rather the same was lying on the road, the petitioner became injured in road accident and due to personal enmity he has been implicated, no robbed article has been recovered from possession of the petitioner and he is suffering in custody since 16.10.2015 to which learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, the petitioner shall be released on bail after completing 6 months in custody from the date of his remand on his execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Gaya in connection with Kotwali P.S. Case No.

430 of 2015, subject to the 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) siddharth/- U T