Raj Kapoor @ Raj Kapoor Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14541 of 2017 Arising Out of PS.Case No. -238 Year- 2016 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Raj Kapoor @ Raj Kapoor Kumar Sah, son of Julum Sah, resident of Village- Patepur, P.S.- Kartaha, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Smt. Bela Singh For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-03-2017 The petitioner seeks regular bail in connection with Lalganj P.S. Case No. 238/16, registered for offences punishable under Section 394, 307 and 326 Indian Penal Code and Section 27 Arms Act.

It has been submitted on behalf of the petitioner that petitioner's name has surfaced in this case only on the basis of confessional statement of co-accused and except that there is nothing against him. It has further been submitted that no recovery has been made from the possession of the petitioner and uptil now no Test Identification Parade has been conducted and he has been in judicial custody since 19.11.2016.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that petitioner's name transpired on this case only on the basis of confessional statement of co-accused and except that there is

Patna High Court Cr.Misc. No.14541 of 2017 (2) dt.30-03-2017 2/2 nothing against the petitioner, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali in connection with Lalganj P.S. Case No. 238/16, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T