Raju Singh Rathour @ Surendra Narain Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.20096 of 2017 (3) dt.22-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20096 of 2017 Arising Out of PS.Case No. -121 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Raju Singh Rathour @ Surendra Narain Singh, Son of Late Chetan Singh @ Chet Narain Singh, Resident of Village- Dhanhar Dihuli, P.S.- Ramgarhwa, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ansul, Advocate. For the Opposite Party/s : Mr. Sri Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Pakaridayal P.S. Case No. 121 of 2016, registered under Sections 147, 148, 149, 302, 307 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that it would appear in the F.I.R. that the informant, who is an eye witness to the occurrence, has detailed the name of six accused persons but he did not disclose the name of this petitioner. In course of investigation, the name the petitioner has come in the confessional statement of one Amar Kumar Paswan, who was

Patna High Court Cr.Misc. No.20096 of 2017 (3) dt.22-06-2017 apprehended by the police, except that there is nothing against the petitioner showing his involvement in the present case. Further submission is that since the petitioner is accused in 18 other cases due to that reason the police managed to implicate the petitioner in the present case and the petitioner is in custody since 25.11.2016. 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, Motihari, in connection with Pakaridayal P.S. Case No. 121 of 2016.

Out of two sureties, one surety must be the close relative of 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) Bhardwaj/- U T