Rajan Kumar @ Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52767 of 2017 Arising Out of PS.Case No. -374 Year- 2017 Thana -PATNA RAIL P.S. District- PATNA ====================================================== Rajan Kumar @ Ranjan Kumar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nityanand Kumar, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-11-2017 Counsel for the petitioner and the State are present. The petitioner seeks bail in a case registered for the offence under sections 401/414 of the IPC and under sections 137 and 147 of the Railways Act.

Counsel for the petitioner submits the petitioner has been implicated in the instant case on suspicion and as per the seizure list only two pieces of blade and a small screw driver were recovered from his possession and similarly situated co-accused Sonu Kumar has already been allowed bail vide order dated 20.9.2017, passed in Cr.Misc.No. 46092 of 2017. Prior to the instant case, no case is pending against him and he is in custody since 12.7.2017.

In the facts of the case, the bail application is allowed. Let the petitioner as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Railway, Patna in GRP (Patna Jn.) Police Station Case No. 374 of 2017, on the following conditions:- (a) One of the bailors will be a close relative of the

Patna High Court Cr.Misc. No.52767 of 2017 (2) dt.09-11-2017 2/2 petitioner who will give an affidavit giving genealogy as to how he is related with him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) The affidavit shall clearly state that the petitioner is not an accused in any other case, and if he is, he shall not be released on bail.

(c) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter, the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (d) The petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(e) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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