Rishi Kumar @ Rishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46033 of 2018 Arising Out of PS.Case No. -519 Year- 2017 Thana -BEGUSARAI MUFFASIL District- BEGUSARAI ====================================================== Rishi Kumar @ Rishu Kumar, S/o Bhushan Singh, R/o Vill- Sihma, P.S.- Matihani, Dist- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 04.04.2018 in connection with Begusarai Muffasil P.S. Case No.519 of 2017 registered for the offence under 392 of the Indian Penal Code. Learned counsel for the petitioner submits that though the petitioner is named in the F.I.R. and has been languishing in custody for more than four months, he has not been placed on T.I. Parade and nothing has been recovered from his conscious possession. It is further submitted that similarly situated co-accused Sumant Kumar @ Sumanta, who is said to have been arrested at the place of occurrence, has since been granted the privilege of bail in Cr.Misc. No.37806 of 2018, vide order dated 16.08.2018.

Considering the aforementioned facts and

Patna High Court Cr.Misc. No.46033 of 2018 (2) dt.28-08-2018 2/2 circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai, in connection with Begusarai Muffasil P.S. Case No.519 of 2017, subject to the following conditions:

(1) One of the bailors will be the father of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate 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. (Anjana Mishra, J) PNM U T