Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40803 of 2017 Arising Out of PS.Case No. -186 Year- 2015 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rahul Singh S/o Late Ramrekha Singh Resident of Village-Dumari Baiju, P.S.-Patahi, Dist. East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is remanded in connection with the present case on 18.03.2016 for the offence registered under Sections 385, 386 and 387 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner's name has been brought in the present case on the basis of statement of the co-accused recorded by the police, which has no evidentiary value. It is further submitted that similarly situated co-accused, namely, Subodh Kumar Singh @ Subodh Singh has been extended the privilege of bail vide order dated 28.06.2017 passed in Cr. Misc. No. 28340 of 2017. It is further submitted that though the petitioner's antecedent has been stated but in most of the cases, he has been remanded on the basis of the statement

Patna High Court Cr.Misc. No.40803 of 2017 (2) dt.20-09-2017 2/2 made before the police by the co-accused for the reasons, only to harass the petitioner and keep him behind bars, even though he was granted bail in earlier case.

Considering the aforesaid 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 the like amount each to the satisfaction of A.C.J.M., V, Motihari East Champaran in connection with Pakaridyal P.S. Case No. 186 of 2015, subject to the conditions that (i) one of the bailors will be his own relative, namely, father, mother, brother, Sister and/or his wife. (ii) the petitioner shall present himself before the Court below on each and every date of the trial and shall not absent himself from the trial for any reasons whatsoever without taking permission of the Court.

(Anjana Mishra, J) Jagdish/- U T