Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44582 of 2018 Arising Out of PS. Case No.-215 Year-2017 Thana- BHAGWANPUR District- Begusarai ====================================================== Rahul Kumar, Son of Nawal Kishor Ray, Resident of Village- Samastipur, P.S.- Bhagwanpur (Tayay), District- Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Ram Sumiran Rai, Adv.

For the Opposite Party :

Mr. Pradeep Narain Kumar, APP 205 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2018 Heard the learned counsel for the petitioner. The petitioner is apprehending his arrest in connection with (Tayay O.P.) Bhagwanpur P.S. Case No. 215 of 2017 registered for offences punishable under Sections 341, 326, 307, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioner and other accused persons is of catching hold of the informant and there is allegation against Ankush Kumar that he, on the order of Sumant Kumar, had fired on the informant causing injury. Submission of the learned counsel for the petitioner is that he worked at Surat and has come to his house. There is no allegation of assault against this petitioner and he has no criminal antecedent.

Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, named above, in the event of arrest or surrender before the Court below, within

Patna High Court Cr.Misc. No.44582 of 2018(2) dt.30-07-2018 2/2 a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with (Tayay O.P.) Bhagwanpur P.S. Case No. 215 of 2017 subject to the condition as laid down under Section 438(2) of the Criminal Procedure Code as well as 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 evidence.

(III) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

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