Rakatu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8983 of 2017 Arising Out of PS.Case No. -465 Year- 2016 Thana -CHAPRA TOWN District- SARAN ====================================================== Rakatu Kumar, S/o Late Bidya Ray, R/o Village - Chhota Telpa Gandhi Chowk, P.S. - Town Chapra, District - Saran (Bihar). .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Chapra Nagar P.S.Case No. 465 of 2016 registered for the offences punishable under Sections 399, 401, 414 of the Indian Penal Code and 25(1 b)a, 26 and 35 of the Arms Act. It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner having clean antecedent and has remained in custody since 8.10.2016 and other co-accused similarly situated have been granted bail by this Court in Cr.Misc.No. 52964 of 2016, Cr.Misc.No. 55150 of 2016 and in Cr.Misc.No. 55153 of 2016 vide orders dated 14.12.2016, 22.12.2016 and 9.1.2017 respectively.

Heard learned APP also.

Having heard both sides and considering the fact that

Patna High Court Cr.Misc. No.8983 of 2017 (2) dt.27-02-2017 2/2 nothing has been recovered from the petitioner and petitioner has clean antecedent languishing in custody for more than four months and other co-accused persons have been granted bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Nagar P.S.Case No. 465 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U