Patna High CourtCR. MISC./24747/2018bail granted

Rakesh Kumar v. The State Of Bihar

2018-05-01Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24747 of 2018 Arising Out of PS.Case No. -333 Year- 2017 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Rakesh Kumar S/o Raj Kumar Rai @ Raj Kumar Yadav, R/o Village.- Sarariya, P.S.- Lalganj, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mrs. Bela Singh, Advocate For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.12.2017 in connection with Vaishali P.S. Case No.333 of 2017 for the offences alleged under Sections 399, 402, 413, 414 of the Indian Penal Code and Sections 25(1-b) a, 26, 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of one country made pistol and one live cartridge. Petitioner claims clean antecedent.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regarding to the period of custody since 20.12.2017 already suffered, let the petitioner above named be released on bail on furnishing bail bond

Patna High Court Cr.Misc. No.24747 of 2018 (2) dt.01-05-2018 2/2 of Rs.10,000/- (ten thousand) with two sureties of the like amount leach to the satisfaction of learned C.J.M., Vaishali at Hajipur, in connection with Vaishali P.S. case No.333 of 2017, on 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) N.H./- U