Rajesh Rai @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17455 of 2015 Arising Out of PS.Case No. -280 Year- 2013 Thana -SHEOHAR District- SHEOHAR ====================================================== Rajesh Rai @ Rajesh Kumar, Son of Rama Shankar Rai, R/o Village - Shahpur, P.S. + District - Sheohar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dinesh Jha, Advocate For the Opposite Party/s : Mr. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 14-07-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 364A and 365 of the Indian Penal Code.

The allegation against the accused including the petitioner is to have kidnapped Sushil Kumar, son of the informant.

It is submitted that the FIR was lodged against unknown. During investigation, the name of the petitioner has appeared. It is further submitted that while the petitioner was in custody in Madhuban P.S. Case No.217/2014, his confession was recorded by the police implicating the petitioner in this case. It is further submitted that the petitioner has been made accused on the basis of that confession in six other cases also. The victim has been

Patna High Court Cr.Misc. No.17455 of 2015 (3) dt.14-07-2015 2/2 recovered. He has not made any allegation against the petitioner. He is in custody since 31.12.2014, but up-till-now, no T.I. Parade has been held. However, after investigation, charge sheet has already been submitted and there is no chance of tampering with the witnesses.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar after framing of charge in Sheohar P.S. Case No.280/2013 with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T