Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46487 of 2014 Arising Out of PS.Case No. -131 Year- 2014 Thana -BIHTA DistrictPATNA ====================================================== Randhir Kumar Son of Rambali Sharma Resident of Mohallah - Shambhu Kura, P.S. - Naubatpur, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Ghosarvey, Adv. For the Opposite Party/s : Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 19-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201 and 120 B of IPC. FIR was lodged against three unknown persons. During investigation the name of the petitioner has appeared as one of the culprits. He has been arrested and made confession before the police.

It has been submitted that prior to confession of the petitioner, dead body and other incriminating article have already been recovered by the police which has been mentioned in paragraph 3 of the case-diary. On the confession of the accused, mobile recovered from the possession of the petitioner belongs to

Patna High Court Cr.Misc. No.46487 of 2014 (5) dt.19-03-2015 2/3 him. There is eye witness to the occurrence. The petitioner has been identified by the brother of the informant in a police hazat. He has never been put on T. I. Parade. He has no criminal antecedent. However, after investigation charge-sheet has been submitted and there is no chance of tampering with the witnesses. Learned counsel for the State could not controvert the contention of the petitioner while opposing his prayer for bail but submitted that after investigation the case has been found true against the petitioner.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, District Patna/court concerned in Bihta P. S. Case No. 131 of 2014 after framing of charge with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive

Patna High Court Cr.Misc. No.46487 of 2014 (5) dt.19-03-2015 3/3 dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T