Rajeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26251 of 2023 Arising Out of PS. Case No.-344 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== Rajeev Kumar S/O Antu Singh @ Girijanandan Singh R/O Village- Pakari, P.S- Fatehpur, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Sr. Adv.
:
Mr. Bindo Kr. Sinha, Adv.
For the State :
Mr. Jagdhar Prasad, APP For the Informant :
Mr. Shailesh Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Fatehpur P.S. Case No.344 of 2018 registered on 05.11.2018 lodged under Sections 302, 120(B), 34 of the Indian Penal Code.
3. Counsel for the petitioner submits that the bail application of the petitioner was rejected vide order dated 27.09.2022 in Cr. Misc. No.49600 of 2021. Counsel submits that the bail application was rejected with the liberty to move the prayer for bail after 6 months.
4. Counsel for the petitioner submits that 6 months has already been lapsed and one year is about to be completed.
Patna High Court CR. MISC. No.26251 of 2023(5) dt.15-09-2023 2/3 Counsel submits that report has also been called for, by which it transpires that still evidences have not been completed.
5. Learned counsel for the State and the informant vehemently oppose the prayer for bail and submit that there is every likelihood that trial may be concluded soon.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Gaya, in connection with Fatehpur P.S. Case No.344 of 2018, subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.26251 of 2023(5) dt.15-09-2023 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
7. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) Ashishsingh/- U T