Patna High CourtCR. MISC./46103/2017allowed

Rajesh Kumar v. The State Of Bihar

2017-09-20Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.46103 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46103 of 2017 Arising Out of PS.Case No. -219 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Rajesh Kumar Son of Anup Rai, resident of Village- Sondho, Mubarakpur, Police Station- Goraul, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Singh For the Opposite Party/s : Mr. Kanhaiya Kishore CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Goraul P.S. Case no. 219 of 2016 registered for the offence punishable under Sections 363, 364, 328, 302, 201 and 120-B/34 of the Indian Penal Code.

Brother of the informant was kidnapped and later on murdered over demand of ransom by unknown miscreant. It is submitted by the learned counsel for the petitioner that the petitioner is neither named in the F.I.R. nor any incriminating article has been recovered from his conscious physical possession. There is nothing in the record indicating his complicity in the occurrence barring the confessional statement of

Patna High Court Cr.Misc. No.46103 of 2017 (2) dt.20-09-2017 co-accused Umesh Kumar Pandit and the said Umesh Kumar Pandit has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 29.03.2017 passed in Cr. Misc. no. 11252 of 2017. The petitioner has been languishing in custody since 15.5.2017.

Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 219 of 2016.

(Prakash Chandra Jaiswal, J) rohit/- U T