Bijay Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.433 of 2017 Arising Out of PS.Case No. -334 Year- 2015 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Bijay Rajak, Son of Kanhaiee Rajak, Resident of Village- Bhakharpur, P.S.- Pirpainti, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Suresh Prasad Singh. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2017 The petitioner is in custody since 05.03.2016 in connection with S.T. No. 530 of 2016 arising out of Pirpatti P.S. Case No. 334 of 2015, registered for offences punishable under Sections 304(B), 34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that though the offence is under Section 304B/34 of the Indian Penal Code, but the petitioner is the devar of the deceased and no specific allegation has been attributed to him and other co-accused persons having similar allegation has already been granted bail by this Court vide order dated 16.09.2016 passed in Criminal Miscellaneous No. 37772 of 2016 and vide order dated 05.12.2016, passed in Criminal Miscellaneous No. 46461 of 2016 and the petitioner has been in judicial custody since 05.03.2016.

Patna High Court Cr.Misc. No.433 of 2017 (2) dt.31-01-2017 2/3 Heard learned A.P.P. also.

Having heard both sides, considering the fact that the petitioner is devar of the deceased and no specific allegation has been attributed to him and also that other co-accused having similar allegation, have already been granted bail by this Court, 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 3rd Additional District & Sessions Judge, Bhagalpur, in connection with S.T. No. 530 of 2016 arising out of Pirpatti P.S. Case No. 334 of 2015, with 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 two appear before the court below on two consecutive dates

Patna High Court Cr.Misc. No.433 of 2017 (2) dt.31-01-2017 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T