Rajesh Kumar @ Rajesh Ram v. The State Of Bihar
Patna High Court Cr.Misc. No.30339 of 2014 (2) dt.20-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30339 of 2014 Arising Out of PS.Case No. -218 Year- 2014 Thana -MOTIHARI CITY DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rajesh Kumar @ Rajesh Ram S/o Vishwanath Ram resident of vill.- Chamarpatti, Henry Bazar, P.S.- Motihari Town, Dist.- East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner apprehends his arrest in connection with Motihari Town P.S. Case No. 218 of 2014 registered for the offences punishable under Sections 302, 307, 326 and 120B/34 of the Indian Penal Code.
Allegedly, two motorcycle born six miscreants after seeing Amit, came to kill him and then co-accused Shambhu Prasad and son Rohit Kumar took out revolver and fired upon Amit Kumar indiscriminately. The petitioner and other co-accused fled away with motorcycle.
Submission is that against the petitioner there is no
Patna High Court Cr.Misc. No.30339 of 2014 (2) dt.20-01-2015 allegation for committing any overt act and his name has only taken, resulting he is apprehending his arrest to which the learned APP fairly submits that against the petitioner there is no allegation for committing any over tact.
In the facts and circumstances stated above, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 218 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) avin/- U T