Rajesh Kumar @ Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10682 of 2019 Arising Out of PS. Case No.-653 Year-2018 Thana- PURNEA SADAR District- Purnia ====================================================== Rajesh Kumar @ Rajesh Yadav S/o Sri Jharilal Yadav Resident of VillageKochaili, P.S.- Sadar, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Ashok Kumar, Advocate Ms. Preety Kunwar, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that due to commercial rivalry accused Manoj Pandit, Kishore Mehta and Mukesh Yadav have killed the father of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.12.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R.

Patna High Court CR. MISC. No.10682 of 2019(6) dt.01-05-2019 2/2 The name of the petitioner has transpired in the present case merely on the basis of business rivalry between two parties. Except for business rivalry, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest his participation in the present case. Other co-accused has been granted bail vide Cr.Misc.No.17366 of 2019.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Purnea Sadar P.S. case No.653 of 2018.

(Sudhir Singh, J) Narendra/- U T