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Patna High CourtCR. MISC./62263/2017bail granted

Rajesh Kumar v. The State Of Bihar

2018-01-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62263 of 2017 Arising Out of PS.Case No. -175 Year- 2017 Thana -BHARGAWAN District- ARRARIA ======================================================

1. Rajesh Kumar S/o Vijendra Yadav, R/o Village- Singhiyal, P.S.- Murliganj, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2018 The petitioner seeks regular bail in connection with Bhargama P.S. Case No. 175 of 2017, registered for offences punishable under Sections 395 of the Indian Penal Code. Allegation against the petitioner and others is of committing loot of Rs. 30,000 and Rs. 470 from the informant and his driver respectively on the point of pistol and also assaulted them.

It has been submitted on behalf of the petitioner that he has not been named in the F.I.R, his name has surfaced in this case on the basis of confession of other co-accused and self confession of the petitioner and except that there is nothing against the petitioner. No recovery has been made from the possession of the petitioner and petitioner has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also the fact that petitioner has no

Patna High Court Cr.Misc. No.62263 of 2017 (2) dt.11-01-2018 2/2 criminal antecedent and has remained in custody for about five months, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria, in connection with Bhargama P.S. Case No. 175 of 2017, 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 prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T