Rakesh Kumar @ Rakesh @ Rakesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53736 of 2019 Arising Out of PS. Case No.-252 Year-2017 Thana- GOPALPUR District- Patna ====================================================== RAKESH KUMAR @ RAKESH @ RAKESH SHARMA Son of Late Satyendra Prasad Singh Resident of Mohalla- Salimpur Ahra, Infront of Brindavan Nursing Home, P.S.- Gandhi Maidan, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudish Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302/201 of the Indian Penal Code. The prosecution allegation in short is that a dead body was lying in the drainage.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.7.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of suspicion. Except for suspicion, there is no other substantive

Patna High Court CR. MISC. No.53736 of 2019(2) dt.27-08-2019 2/2 evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence. Other co-accused has been granted bail vide order dated 27.6.2019 passed in Cr. Misc. No. 38443 of 2019.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Gopalpur P.S. Case No. 252 of 2017.

(Sudhir Singh, J) Pankaj/- U T