Patna High CourtCR. MISC./40462/2023bail granted

Rajeev Kumar v. The State Of Bihar

2023-07-21Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40462 of 2023 Arising Out of PS. Case No.-464 Year-2020 Thana- RAHUI District- Nalanda ====================================================== RAJEEV KUMAR Son of Bhusan Ravidas Resident of vill-Rahui, P.O.- Rahui, P.S.-Rahui, Distt-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Kumar Verma, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody since 10.02.2023 in connection with Rahui P.S. Case No. 464 of 2020 for the offence punishable under Sections 147, 148, 149, 341, 323, 307 and 302 of the I.P.C. lodged on 20.12.2020 by the informant Naresh Ravidas As per the prosecution story, the informant alleged that the accused persons forcibly wanted to capture the land of the informant and in the process, they entered the house and attacked his wife who ultimately succumbed to the injury in PMCH.

Learned counsel for the petitioner submits that there is inordinate delay of 16 days in lodging of the F.I.R, there is

Patna High Court CR. MISC. No.40462 of 2023(2) dt.21-07-2023 2/3 omnibus allegation against the accused person, the petitioner do not have criminal antecedent and one of the accused person Nita Devi has since been extended the privilege of bail vide order dated 23.05.2023 passed in Cr. Misc. No. 25848 of 2023. Learned APP opposes the prayer.

Considering the aforesaid submission put forward by the learned counsel for the petitioner as also that the petitioner is in custody since 10.02.2023 (as stated in para 1 in the bail application), this Court is inclined to extend him the privilege of bail with conditions.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-1 Bihar Sharif, in connection with Rahui P.S. Case No. 464 of 2020 subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.40462 of 2023(2) dt.21-07-2023 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/Jyoti/- U T