Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1153 of 2016 Arising Out of PS.Case No. -684 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rajesh Kumar, Son of Late Sheojee Prasad, Resident of Village / Mohalla - Teliyapatti, P.S. - Town (Motihari), District - East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Karandeep Kumar For the Opposite Party : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Motihari Town P.S. Case No. 684 of 2015, registered under Sections 147, 148, 149, 448, 323, 324, 307, 380 and 427 of the Indian Penal Code. The allegation of informant Lalit Narayan Mishra is that petitioner along with four others named in the F.I.R. came armed with lethal weapons and caused injury to the informant and others. Learned counsel appearing on behalf of the petitioner submits that allegations against the petitioner and others to cause injury to the informant and others, but injuries of the informant and others were found simple in nature except injury no.2, which is swelling over left forearm diffuse in nature with tenderness, which was shown as grievous. Further submission is that similarly situated

Patna High Court Cr.Misc. No.1153 of 2016 (3) dt.22-02-2016 2/2 co-accused, Sujan Kumar Roy has already been granted privilege of bail by a coordinate Bench of this Court vide order dated 10.02.2016 passed in Criminal Misc. No. 4037 of 2016. The petitioner is in custody since 29.11.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in connection with Motihari Town P.S. Case No. 684 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Rajendra Kumar Mishra, J.) manish/- U T