Rakesh Kumar Sah @ Rakesh Kumar Raka v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2727 of 2017 Arising Out of PS.Case No. -49 Year- 2016 Thana -DHARHARA District- MUNGER ====================================================== Rakesh Kumar Sah @ Rakesh Kumar Raka son of Late Rajendra Sah resident of Mohalla - Janta More Jamalpur, Police Station - Jamalpur, District - Munger.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-03-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Dharhara P.S. Case No. 49 of 2016 for the offences punishable under sections 302 and 120 (B)/34 of the I.P.C and section 27 of the Arms Act. Allegedly, the deceased was released from the jail and he was having enmity with Sanjay Yadav and Rajiv Prasad and thereafter mother of the deceased came to know on 30.06.2016 that her son was shot dead under Dharahara Police Station near Harsadhar. At the time of release of the deceased from jail Sanjay Yadav, his brother Rajiv Yadav, Dhananjay Yadav and Hira
Patna High Court Cr.Misc. No.2727 of 2017 (3) dt.01-03-2017 2/3 Kumar were watching her son. She suspected the involvement of the named accused persons as well as some unknown persons. During investigation Hira Sahani in his confessional statement named the petitioner also and further witness Anil Kumar, vide paragraph- 76 of the case diary, has also stated the name of the petitioner.
Submission is of false implication and that the petitioner has got no concern either with the deceased or with Sanjay Yadav, the deceased was himself a veteran criminal, the petitioner has got no concern with the alleged occurrence, without any legal and cogent material the petitioner is apprehending his arrest and as such he deserves sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.
In the facts and circumstances as stated above, considering that besides confessional statement of a co-accused and the suspicion as raised by witness Anil Kumar in paragraph76 of the case diary there is no other material against the petitioner and as such the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each
Patna High Court Cr.Misc. No.2727 of 2017 (3) dt.01-03-2017 3/3 to the satisfaction of. Sri Sone Lal Rajak, J.M. 1st Class, Munger in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T