Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32915 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Raju Kumar, aged about 28 years, Male, S/o Dharam Dev Prasad, R/o villageJuwaffar, P.S.- Chhauradano, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 413 and 414 of the Indian Penal Code.

The prosecution case is that on 26.02.2019 at about 5.00 PM during evening patrolling the informant along with other police parties reached near Jewan Public School in the meantime on white coloured Boloro vehicle was going to Motihair and seeing the police the started fleeing away very ast then on the suspicion the police parties surrounded the vehicle and the driver of vehicle tried to run away but on the help of police parties he was caught and thereafter the police

Patna High Court CR. MISC. No.32915 of 2019(3) dt.28-08-2019 2/3 interrogated the driver of vehicle and he has disclosed his name as Raju Kumar, the police interrogated regarding alleged vehicle but he has not produced any relevant papers of vehicle. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.02.2019 and has got no criminal antecedent. There is no specific allegation against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Muffasil (Lakhaura) P.S. Case No. 79/2019, subject to the following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.32915 of 2019(3) dt.28-08-2019 3/3

(3) If the 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. (Anjani Kumar Sharan, J) amitkumar/- U T