Rakesh Kumar Sharma @ Rakesh Singh @ Rakesh Kumar@ Rakesh Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.12098 of 2018 (2) dt.13-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12098 of 2018 Arising Out of PS.Case No. -11 Year- 2017 Thana -SAHAR District- BHOJPUR ====================================================== Rakesh Kumar Sharma @ Rakesh Singh @ Rakesh Kumar @ Rakesh Sharma, son of Anil Singh @ Anil Sharma, R/o Village- Ekawari, P.S.- Sahar, District- Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ravindra Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.04.2017 in connection with Sahar P.S. Case No. 11 of 2017 for the offences alleged under Sections 302/120B/201 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and only on the ground that the petitioner and some other persons were last seen with the deceased. Similarly situated co-accused Gautam Kumar has been granted bail by this Court in Cr. Misc. No. 51521 of 2017 and so also Anup Singh @ Anup Kumar @ Aunp Singh and Amit Kumar @ Amit Kumar Roy have been granted bail by this Court in Cr. Misc. No. 8328 of 2018 and Cr. Misc. No. 7509 of 2018 respectively.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Ara, in

Patna High Court Cr.Misc. No.12098 of 2018 (2) dt.13-03-2018 connection with Sahar P.S. Case No. 11 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T