Rajendra Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.4002 of 2017 (2) dt.28-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4002 of 2017 Arising Out of PS.Case No. -569 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== Rajendra Ram, Son of Subba Lal, Resident of Village- Uttari Bhadash, P.S. Muffasil,(Khagaria) District-Khagaria.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rabindra Kumar For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Khagaria (Muffasil) P.S. Case No. 569 of 2016 registered for the offences punishable under Sections 364, 307, 504/34 of the Indian Penal Code. The petitioner along with 9 others are named in the first information report to have assaulted the informant and his brother-inlaw and co-accused Ranjeev Kumar had opened fire with intention to kill the informant and thereafter, they kidnapped the informant with intention to kill him but in the mean time the Police came and recovered the informant. The motive behind the occurrence is that the informant has given Rs. 5,32,500/- to purchase land but Rajendra Singh did not execute the sale deed and for that the case has been lodged and Rajendra Singh is in custody.

Submission is of false implication and that the petitioner has got no concern with Rajendra Singh, the petitioner is co-villager, there

Patna High Court Cr.Misc. No.4002 of 2017 (2) dt.28-02-2017 is no specific allegation against the petitioner and he is suffering in custody since 25.09.2016 having no criminal antecedent, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned APP fairly submits that there is no specific allegation against the petitioner.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 569 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T