Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42014 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ====================================================== Rajiv Kumar, son of Yogendra Rai, resident of village Chak Mahummad Chisto, Police Station Ganga Bridge, District - Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar, Advocate. For the Opposite Party/s : Mr. i Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Ganga Bridge P.S. Case No. 30 of 2017 instituted for the offence under Sections 302/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is no specific allegation of overt act against this petitioner. There is specific allegation against co-accused Randhir Rai and Ranjit Rai of assaulting the wife of the informant with iron rod who subsequently died. It has further been submitted that Randhir Rai and Yogendra Rai have been granted anticipatory bail by coordinate Benches of this Court vide order dated 16.01.2018 and 17.10.2018 passed in Cr. Misc. 58713 of 2017 and 37531 of 2017 respectively.

Patna High Court Cr.Misc. No.42014 of 2017 (5) dt.23-01-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Ganga Bridge P.S. Case No. 30 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T