Patna High CourtCR. MISC./35445/2017allowed

Rajesh Kumar @ Rajesh Kumar Singh v. The State Of Bihar

2017-08-31Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.35445 of 2017 (3) dt.31-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35445 of 2017 Arising Out of PS.Case No. -8 Year- 2016 Thana -LODIPUR District- BHAGALPUR ====================================================== Rajesh Kumar @ Rajesh Kumar Singh, son of Subodh Prasad Singh, Resident of Village- Badari, P.S.- Goradih, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Sri Ahtash Ali Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 31-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Lodipur Police Station Case No. 08 of 2016, disclosing offences under Sections 302 and 201/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. rather his name has surfaced in this case on the confessional statement of the co-accused, Muni Lal Mandal. Except confession of the co-accused, no cogent material has come against the petitioner during course of investigation.

Patna High Court Cr.Misc. No.35445 of 2017 (3) dt.31-08-2017 Moreover, co-accused, Guddu Kumar @ Dharmendra Mandal, has already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 30090 of 2017. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-4th, Bhagalpur, in connection with Lodipur Police Station Case No. 08 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Brajesh/- U T