← Library
Patna High CourtCR. MISC./42895/2017bail granted

Pintu Kumar Rai @ Rajiv Ranjan Kumar @ Pintu Kumar v. The State Of Bihar

2017-09-19Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42895 of 2017 Arising Out of PS. Case No.-115 Year-2013 Thana- PARSA District- Saran ====================================================== PINTU KUMAR RAI @ RAJIV RANJAN KUMAR @ PINTU KUMAR Son of Sri Jawahar Rai, Resident of Village-Gorigaonwar, P.S.-Parsa, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vipin kumar For the State :

Mr. NAGENDRA PRASAD For the Informant :

Mr. Vijay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-09-2017 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of the informant and learned Additional Public Prosecutor representing the State of Bihar. This application, for grant of anticipatory bail, arises out of Parsa Police Station Case No. 115 of 2013, disclosing offences under Sections 302/34 of the Indian Penal Code. The petitioner is named in the First Information Report along with other co-accused persons.

It is submitted on behalf of the petitioner that the police, upon completion of investigation, have submitted charge sheet on 31.07.2015. It is specifically mentioned in paragraph 12 of the charge sheet that the petitioner's involvement in commission

Patna High Court Cr.Misc. No.42895 of 2017(2) dt.19-09-2017 2/3 of the offence could not be found. He apprehends his arrest since the Court below has taken cognizance of the offence on the basis of a protest -cum- complaint petition filed by the informant, on the basis of which summonses have been issued. Considering the fact that investigation is complete, in which the petitioner's involvement has not been found, this application is allowed;

Let the petitioner, Pintu Kumar Rai @ Rajiv Ranjan Kumar @ Pintu Kumar, in the event of his arrest or surrender before the Court below within a period of six weeks from today, 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 the learned Chief Judicial Magistrate, Saran, at Chapra, in connection with Parsa Police Station Case No. 115 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court below on two consecutive occasions, his bail bond shall be liable to be cancelled. Let the certified copy of the charge sheet, submitted in

Patna High Court Cr.Misc. No.42895 of 2017(2) dt.19-09-2017 3/3 connection with Parsa Police Station Case No. 115 of 2013 be kept on record.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √