Rajesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.6375 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6375 of 2018 Arising Out of PS.Case No. -106 Year- 2017 Thana -VALMIKINAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rajesh Kumar S/o Sudama Prasad Sah @ Sudama Sah @ Sudama Prasad, resident of Village- Shivpuri, Valmikinagar Bhaisalotan, Ward No. 17, P.O. + P.S. Valmiminagar, District- West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anand Kishore Choudhary, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 24.10.2017 in connection with Valmikinagar P.S. Case No. 106 of 2017 for the offences alleged under Sections 341, 342, 323, 354, 504, 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute between the parties. It is submitted that the accusations against the petitioner are highly improbable in nature. Considering that the informant is a lady of about 50 years of age while the petitioner is a young person of about 20 years of age. Similarly situated co-accused person Gopal Ram has been granted bail by this Court in Cr. Misc. No. 2177 of 2018. The petitioner claims clean antecedents.

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 Shri S. Patel, learned 1st Class Judicial Magistrate,

Patna High Court Cr.Misc. No.6375 of 2018 (2) dt.01-02-2018 Bagaha, West Champaran, in connection with Valmikinagar P.S. Case No. 106 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) Md. Ibrarul/- U T