Patna High CourtCR. MISC./29922/2016bail granted

Rajesh Kumar @ Rajesh Rai @ Ajit Kumar v. The State Of Bihar

2016-07-28Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.29922 of 2016 (2) dt.28-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29922 of 2016 Arising Out of PS.Case No. -1 Year- 2013 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajesh Kumar @ Rajesh Rai @ Ajit Kumar Son of Rambabu Yadav @ Rambabu Rai Resident of village- Fajilpur, P.S.- Rajepur, District- East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 28.07.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 307 and other minor sections of the Indian Penal Code and 27 of the Arms Act.

Petitioner is not named in the first information report and it is contended on behalf of the petitioner that he has been implicated in this case on 17.7.2013 on the basis of confessional statement and except the confessional statement, there is nothing against the petitioner.

No doubt, petitioner does have criminal antecedent of 13 cases but in the present case, he is in jail custody for near about two years and the impugned order goes to show that up till now, not a single prosecution witness could be examined.

Patna High Court Cr.Misc. No.29922 of 2016 (2) dt.28-07-2016 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran at Motihari in Rajepur P.S. Case no. 01/2013 subject to condition that if the petitioner makes any attempt to tamper with the prosecution evidence or terrorize the prosecution witnesses, trial court shall be at liberty to cancel the bail bond of the petitioner after due and proper enquiry. shahid (Hemant Kumar Srivastava,J) U T