Patna High CourtCR. MISC./12791/2017bail granted

Rajesh Kumar @ Rajesh @ Gore Lal v. The State Of Bihar

2017-03-16Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12791 of 2017 Arising Out of PS.Case No. -233 Year- 2016 Thana -HASPURA District- AURANGABAD ====================================================== Rajesh Kumar @ Rajesh @ Gore Lal, son of Kasmlesh Singh, resident of Bhagwan Bigha, P.S. Daud Nagar, District Aurangabad. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bachan Jee Ojha, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 23.12.2016 in connection with Haspura P.S. Case No. 233 of 2016 for the alleged offences under Sections 341, 323, 386, 504/34 of the Indian Penal Code and Section 37(B) of the Bihar Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated resulting from a petty dispute between the petitioner and the informant. There is no injury to any person. Similarly situated co-accused Mritunjay Kumar has been granted bail by the Court in Cr. Misc. No. 9178 of 2017. The petitioner is on bail in four cases in which he has earlier been made accused.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 23.12.2016 already suffered, let the petitioner above named be

Patna High Court Cr.Misc. No.12791 of 2017 (2) dt.16-03-2017 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 S.D.J.M., Daudnagar, Aurangabad in connection with Haspura P.S. Case No. 233 of 2016 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 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.

(iv) 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. (Vikash Jain, J) Chandran/BT U T