Rajnish Kumar @ Raja Babu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10562 of 2018 Arising Out of PS.Case No. -9 Year- 2017 Thana -MANIHARI District- MUZAFFARPUR
1. Rajnish Kumar @ Raja Babu, Son of Birendra Kishore Singh @ Tuntun Singh, Resident of Village- Balara Kishun, P.S.- Maniyari, DistrictMuzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Niranjan Parihar For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2018 Earlier prayer for bail of the petitioner was rejected vide order dated 19.04.2017 passed in Cr. Misc. No. 18060 of 2017.
Submission of learned counsel for the petitioner that other accused persons have been granted the privilege of bail and petitioner has been in judicial custody since 14.01.2017 in connection with the present case and there is no likelihood of conclusion of trial in near future.
Heard learned A.P.P. as well as learned counsel appearing on behalf Union of India.
Earlier a report was called for from the court below with
Patna High Court Cr.Misc. No.10562 of 2018 (3) dt.04-04-2018 2/3 regard to stage of trial, from which it appears that that five witnesses have already been examined and two charge-sheeted witnesses are yet to be examined and the case is pending as the one accused Vikash Kumar @ Mahantha has not been produced and the case is pending for evidence.
As such considering the facts and circumstances of the case and also the period of custody, 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 Sessions Judge cum Special Judge, Muzaffarpur, in connection with Maniyari P.S. Case No. 9 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
Patna High Court Cr.Misc. No.10562 of 2018 (3) dt.04-04-2018 3/3 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