Rishu Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.45692 of 2017 (3) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45692 of 2017 Arising Out of PS.Case No. -197 Year- 2017 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Rishu Kumar Son of Ajay Kumar Singh, R/o Village- Jagdeo Nagar, P.S.- Ara Nawada, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .

2. Pappu Kumar Son of Krishn Deo Rai, R/o Village- Harpur Hari, P.S.- Patepur, District- Vaishali.

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

For the Petitioner/s : Mr. Sanjay Kumar Ojha For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 The petitioner seeks regular bail in connection with Ara Nawada P.S. Case No. 197 of 2017, registered for offences punishable under Sections 307, 326 and 34 of the Indian Penal Code.

Allegation is of firing on the informant causing serious injuries to him.

It has been submitted on behalf of the petitioner that he has not been named in the F.I.R, his name transpired on the confession of co-accused against whom, there is allegation of firing. Further even there is no allegation of assault against the petitioner and he has been in judicial custody for more than three months.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.45692 of 2017 (3) dt.17-10-2017 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 Chief Judicial Magistrate, Bhojpur at Ara, in connection with Ara Nawada P.S. Case No. 197 of 2017, subject to the 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 to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

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