Keshav Jha @ Keshav Kumar @ Rajesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1858 of 2018 Arising Out of PS.Case No. -253 Year- 2015 Thana -RIGA District- SITAMARHI ====================================================== Keshav Jha @ Keshav Kumar @ Rajesh Jha, Son of Triveni Jha @ Harikishore Jha @ Shiv Shankar Mishra, resident of Village- Govind Fandah Riga, P.S.- Riga, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends arrest in connection with Riga P.S. Case No.253 of 2015 registered for the offences under Sections 364/34 of Indian Penal Code.

It has been submitted that the petitioner is neither named in the F.I.R. nor there is any specific allegation against him. In course of investigation one Ramjee Rai was arrested, who confessed his complicity in the above crime and also disclosed the name of this petitioner and other co-accused. The said Ramjee Rai has been allowed regular bail by another Bench of this Court. The other co-accused Shailendra Kumar has also been allowed bail by one of the coordinate Bench of this Court in Cr.Misc.No.19122 of 2017. The case of this petitioner stands on

Patna High Court Cr.Misc. No.1858 of 2018 (3) dt.01-02-2018 similar footing.

The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer for anticipatory bail is allowed and the above named petitioner, in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the likewise amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sitamarhi in connection with Riga P.S. Case No.253 of 2015, subject to the conditions as laid down under Section 438(2) of Cr.P.C., with further conditions that:- (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) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) 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.

Harish/- (Sanjay Kumar, J) U