Rishi Kant Kumar @ Rishu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54185 of 2019 Arising Out of PS. Case No.-1121 Year-2018 Thana- SASARAM NAGAR District- Rohtas ====================================================== RISHI KANT KUMAR @ RISHU Son of Uday Singh @ Uday Chandra Singh Resident of Village-Pithwaiya, P.S.-Bhanas (Dinara), District-Rohtas (Sasaram).
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Din Bandhu Singh For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Sasaram (M) P.S. Case No. 1121 of 2018 registered for the offence punishable under Sections 363, 365, 364A, 302, 201, 120 B of the Indian Penal Code giving rise to Sessions Trial No. 238/19.
Allegation against petitioner and other co-accused is of kidnapping the son of informant. FIR is against unknown. It has been submitted on behalf of petitioner that petitioner is not named in the FIR and has been falsely implicated in this case. His name has surfaced in this case on confessional statement of co-accused Santosh Kumar Singh who
Patna High Court CR. MISC. No.54185 of 2019(3) dt.01-10-2019 2/3 has already been granted bail by this Hon'ble Court. Similarly placed other co-accused, namely, Manoj Singh has been granted bail by this Hon'ble Court vide order dated 18.09.2019 passed in Cr. Misc. No. 30206 of 2019. Petitioner is in custody since 17.01.2019.
Considering the aforesaid facts and circumstances of the case, let the 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 Addl. Sessions Judge-XIV, Sasaram, in connection with Sasaram (M) P.S. Case No. 1121 of 2018 subject to the conditions that:-
(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 properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or
Patna High Court CR. MISC. No.54185 of 2019(3) dt.01-10-2019 3/3 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) veena/- U T