Raju Kumar @ Hero v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28479 of 2020 Arising Out of PS. Case No.-75 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== RAJU KUMAR @ HERO Son of Sanjay Sah @ Pappu Sah Resident of Mohalla- Ward No.4 Nishad Path Brahmpura, P.S.-Brahmpura, DistrictMuzaffarpur. ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

The petitioner seeks bail in a case registered for the offence punishable under section 302 of the Indian Penal Code and section 27 of the Arms Act.

Informant's son was an Assistant Teacher and on 7.5.2018 at 10.30 am unknown miscreants entered into the office of the school and fired shot on him. Thereafter, he was taken to the Sadar Hospital for treatment where he was declared dead by the doctors.

Learned counsel for the petitioner submits that the petitioner's name has come in the case on the confessional statements of co-accused Rishi Ranjan and Ramesh Paswan and save and except their statements, no incriminating material has come during investigation against the petitioner. Charge sheet has also been filed in the case. Similarly situated co-accused Rishi Ranjan and Ramesh Paswan have already been allowed bail by different co-ordinate benches of this Court as detailed in para 9 and 10 of the bail petition. He is in custody since 28.5.2019.

In the facts of the case, prayer for bail of the petitioner

Patna High Court CR. MISC. No.28479 of 2020(2) dt.11-11-2020 2/2 is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate III, Vaishali at Hajipur in Bhagwanpur Police Station Case No. 75 of 2018, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T