Raju Singh @ Sri Prakash v. The State Of Bihar

Patna High Court Cr.Misc. No.15479 of 2016 (3) dt.20-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15479 of 2016 Arising Out of PS.Case No. -241 Year- 2015 Thana -BARH District- PATNA ======================================================

1. Raju Singh @ Sri Prakash Son of Manoranjan Kumar @ Pappu Singh, Resident of Village- Nadawan, P.S. - Barh, District - Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Sharma For the Opposite Party/s : Mr. Indra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Barh P.S. Case No. 241 of 2015 registered for the offences punishable under Sections 341, 323, 364, 506, 302, 201/120B of the Indian Penal Code.

Allegedly, FIR five named accused persons along with two unknown kidnapped Pawan Kumar @ Putus the son of the informant and thereafter, his dead body was recovered. Submission is of false implication and that the petitioner is not named in the first information report, his name has come in the alleged confessional statement of co-accused Rishi Kumar and Kanhaiya Kumar but the petitioner is not named in the statement recorded under Section 164 Cr.P.C. of witnesses namely, Mantu

Patna High Court Cr.Misc. No.15479 of 2016 (3) dt.20-05-2016 Yadav, Satyendra Yadav and Kapildeo Yadav. Co-accused Kanahiya Kumar and Rishi Kumar @ Rishikesh Kumar have already allowed bail vide Cr. Misc. No. 3010 of 2016 and 17798 of 2016 by another co-ordinate Bench of this Court and the petitioner is suffering in custody since 17.11.2015. Learned APP opposes the prayer of bail by submitting that the petitioner is also an accused in Barh P.S. Case No. 415 of 2015.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Barh P.S. Case No. 241 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T