Rahul Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.24006 of 2018 (2) dt.26-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24006 of 2018 Arising Out of PS.Case No. -168 Year- 2017 Thana -JANKINAGAR District- PURNIA ====================================================== Rahul Kumar S/o Dinesh Mandal R/o Village - Borarahi, P.S. - Jankinagar, District - Purnea.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Rina Sinha, Advocate. For the Opposite Party: Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 26.09.2017 in connection with Jankinagar P.S. Case No. 168 of 2017 for the offences alleged under Section 302 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. is against unknown persons. The petitioner has been implicated merely on the extra-judicial confessional statement of co-accused Dinesh Mandal and except such statement, there is no other material to connect the petitioner with the alleged offence. Similarly situated co-accused persons Shobha Mandan and Magan Kumar Singh have been granted bail by the coordinate Bench of this Court in Cr. Misc. No. 10038 of 2018.

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 of learned Chief Judicial Magistrate, Purnea in connection with

Patna High Court Cr.Misc. No.24006 of 2018 (2) dt.26-04-2018 Jankinagar P.S. Case No. 168 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) Ibrarul/BT U T