Jyoti Kumar @ Rakesh Ranjan v. The State Of Bihar

Patna High Court Cr.Misc. No.30733 of 2017 (3) dt.11-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30733 of 2017 Arising Out of PS.Case No. -430 Year- 2015 Thana -AGAMKUAN District- PATNA ====================================================== Jyoti Kumar @ Rakesh Ranjan son of Late Lalan Prasad Singh, resident of Mohalla- Shivpur Uran Tola, P.S. Gardanibag, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Binod Kumar Singh, Advocate. For the Opposite Party : Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 29.07.2016 in connection with Sessions Trial No. 11 of 2017 arising out of Agamkuan P.S. Case No. 430 of 2015 for the offences alleged under Section 395 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and he has not been named in the first information report. His name has surfaced on the extra-judicial confession of the co-accused Ranjeet Kumar. Except this, there is no other material to connect the petitioner with the alleged offence. The said co-accused Ranjeet Kumar has already been granted bail by the learned court below in B.P. No. 468 of 2016. No recovery of any incriminating articles has been made from the conscious possession of the petitioner. The petitioner is accused in three prior cases in which he is accused out of which he is on bail in two cases.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction

Patna High Court Cr.Misc. No.30733 of 2017 (3) dt.11-08-2017 of learned Additional Sessions Judge, Patna City in connection with Sessions Trial No. 11 of 2017 arising out of Agamkuan P.S. Case No. 430 of 2015 with the following 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 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. (iv) 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.

(Vikash Jain, J) Md. Ibrarul/- U T