Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44880 of 2019 Arising Out of PS. Case No.-331 Year-2014 Thana- SHERGHATI District- Gaya ====================================================== RAHUL KUMAR, aged about 22 years, Male, Son of Devaki Manjhi, Resident of Village- Ratanpura, P.S.- Sherghati, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-07-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sherghati P.S. Case No. 331 of 2014 corresponding to G.R. No. 1599 of 2014 registered for the offences punishable under Sections 504, 326 and 307 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner is to have fired upon the informant with an intention to kill him which hit the left chest of the informant.

Petitioner has earlier moved this Court for bail vide Cr. Misc. No. 68720 of 2018 which was rejected on 18.12.2018 with a liberty to renew his prayer for bail after completion of one year in custody. Petitioner is in custody since 29.06.2018. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.44880 of 2019(2) dt.24-07-2019 2/2 Considering the aforesaid facts and circumstances of the case and the observation made in order dated 18.12.2018 passed in Cr. Misc. No. 68720 of 2018, petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Sherghati P.S. Case No. 331 of 2014 with following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T