Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26546 of 2017 Arising Out of PS.Case No. -617 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Raj Kumar Son of late Domin Singh Resident of Village-South Bhadas Bhadas, P.S. Muffasil District-Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Kishor Poddar For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2017 The petitioner seeks regular bail in connection with Khagaria Muffasil P.S. Case No. 617 of 2016, registered for offences punishable under Sections 147, 148, 149, 323, 307, 354, 302 and 504 of the Indian Penal Code.

Allegation against the petitioner is that he along with other co-accused persons assaulted the deceased, causing his death.

It has been submitted on behalf of the petitioner that only general and omnibus allegation has been levelled against the petitioner and no specific allegation of overt act has been attributed to him. Further there is case and counter case between the parties and other co-accused persons have already been granted bail by this Court and petitioner has been in custody since

Patna High Court Cr.Misc. No.26546 of 2017 (3) dt.21-06-2017 2/3 09.12.2016.

Learned counsel for the State could not controvert the above submission of learned counsel for the petitioner. Having heard both sides, considering the facts and circumstances of the case, nature of allegation and period of custody, 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 Sessions Judge, Khagaria in connection with Khagaria Muffasil P.S. Case No. 617 of 2016, 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

Patna High Court Cr.Misc. No.26546 of 2017 (3) dt.21-06-2017 3/3 prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U