Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25641 of 2020 Arising Out of PS. Case No.-39 Year-2019 Thana- JURAWANPUR District- Vaishali ====================================================== RAJNISH KUMAR Son of Gopal Kumar Singh Resident of Village - Raghopur Purvi, Police Station - Jurawanpur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar Singh, Mr. Abhay Kumar, Advocates.

For the Opposite Party/s :

Mr. Binod Kumar No.2.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-11-2020 Heard Mr. Devendra Kumar Singh, learned counsel for the petitioner and Mr. Binod Kumar No.2, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Jurawanpur PS Case No. 39/2019 registered for the offence punishable under Sections 341, 323, 324, 307, 504/34 of the IPC.

3. The allegation, as per First Information Report, is that the petitioner has allegedly fired upon the informant which hit on his leg and other co-accused persons fired on the stomach and arm of the informant.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.25641 of 2020(3) dt.12-11-2020 2/3 and he has falsely been implicated in this case with oblique motive. Learned counsel also submits that the FIR has been lodged after a delay of two days and that too Fardbeyan of the informant has not been recorded by the police in the hospital and the same has been lodged on the basis of written report of the informant. Learned counsel further submits that other coaccused persons have been granted bail giving them advantage of Section 167(ii) of the CrPC. Learned counsel submits that the petitioner is in custody since 06.04.2020.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has remained in custody since 06.04.2020, I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

6. Accordingly, let the petitioner, RAJNISH KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateIX, Vaishali at Hajipur in connection with Jurawanpur PS Case No. 39/2019.

Patna High Court CR. MISC. No.25641 of 2020(3) dt.12-11-2020 3/3

7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T