Rakesh Singh @ Rakesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40085 of 2023 Arising Out of PS. Case No.-95 Year-2017 Thana- MITHANPURA District- Muzaffarpur ====================================================== RAKESH SINGH @ RAKESH KUMAR SINGH S/O LATE RANJEET SINGH @ LATE BHOLA SINGH @ RANJEET PRASAD SINGH @ BHOLA BABU R/O Village- Sirha, P.S- Pakridayal., Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Kanchan Kumari For the Opposite Party/s :
Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. This is the fourth attempt of the petitioner to approach before this Court for bail. Earlier, vide detailed order dated 06.01.2020 passed in Cr. Misc. No. 66415 of 2019, order dated 15.07.2021 passed in Cr. Misc. No.2438 of 2021 and order dated 12.10.2022 passed in Cr. Misc. No.39173 of 2022 dated 12.10.2022. On 12.10.2022, the prayer for bail of the petitioner was rejected with a liberty to renew his prayer after six months if the trial is not concluded.
3. Vide order dated 05.07.2023, a status report was called for in this case. In compliance thereof, a report dated 10.07.2023 sent by the 20th A.D.J., Muzaffarpur is on record and
Patna High Court CR. MISC. No.40085 of 2023(3) dt.02-08-2023 2/3 kept at Flag 'A', in which it is, inter alia, stated that out of seven witnesses, three prosecution witnesses have already been examined up till now and the case may be disposed of within next three months.
4. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mithanpura P.S. Case No.95 of 2017, subject to the following conditions :
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when
Patna High Court CR. MISC. No.40085 of 2023(3) dt.02-08-2023 3/3 so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(5) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.
(Anjani Kumar Sharan, J) Trivedi/- U T