Rakesh Kumar @ Rakesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2807 of 2017 Arising Out of PS.Case No. -147 Year- 2016 Thana -BELDAUR District- KHAGARIA ====================================================== Rakesh Kumar @ Rakesh Yadav .... .... Appellant/s
Versus
The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Mukesh Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-11-2017 Heard the parties.
The appellant seeks bail in Beldour P.S. Case No. 147/2016 registered for the offence under Sections 387/365/511/341/342/323/504/506/34 of the I.P.C. and Section 3(i)(R)(s) of the SC/ST (POA) Act.
The appellant is not named in the First Information Report. On the basis of confessional statement, his name surfaced later on. While the informant was going on to attend the meeting five accused persons stopped the motorcycle of the informant and they started assaulting and abusing him.
Submission of the learned counsel for the appellant is that he is in custody since 18.05.2017 having clean antecedent. Heard learned Spl. P.P. also.
Having heard both sides and in view of the facts and
Patna High Court CR. APP (SJ) No.2807 of 2017 (4) dt.09-11-2017 2/2 circumstances, as stated above, the appeal is allowed. Let the appellant, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-I, Khagaria, in Beldour P.S. Case No. 147/2016/ G.R. No. 1919/2016 subject to the conditions that (1) one of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The appellant will not induce any witness or tamper with the evidence. (3) The appellant shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. (Vinod Kumar Sinha, J) AnilKrSinha/- U