Rajendra Rishideo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35297 of 2017 Arising Out of PS.Case No. -310 Year- 1995 Thana -SUPAUL District- SUPAUL ======================================================

1. Rajendra Rishideo Son of Late Asarfi Rishideo, R/o Village- Pathra, P.S.- Pipra, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vivek Kumar For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Supaul P.S. Case No. 310/1995 for offences punishable under Sections 379, 411 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his rickshaw was found missing from the front of his house and on enquiry it was found in the custody of Md. Abbas, who had purchased it from one Ram Lakhan Das. The petitioner, who was the earlier rickshaw puller, has connived with the other co-accused. It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.35297 of 2017 (4) dt.15-09-2017 2/3 the petitioner that he is innocent, bears no criminal history and was not aware of the case. He submits that he had gone to Delhi for earning his livelihood and he did not know about the pendency of the present case. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that in an old matter the petitioner did not appear and declared as absconder on 04.11.2016 and has been taken into custody on 01.05.2017. Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Supaul, in connection with Supaul P.S. Case No. 310/1995, subject to the condition that one of the bailors would be a close relative of the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates

Patna High Court Cr.Misc. No.35297 of 2017 (4) dt.15-09-2017 3/3 without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T