Raja Pathak @ Braj Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55768 of 2016 Arising Out of PS.Case No. -143 Year- 2015 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Raja Pathak @ Braj Raj Kumar, Son of Suresh Pathak, resident of VillageRampur Baghel, P.S. Desari, Sahdei, (O.P.) District- Vaishali. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Pranav Kumar Jha, Advocate For the Opposite Party : Mr. Sri Surendra Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Jandaha P.S Case No. 143 of 2015 registered for the offences punishable under Section 394, 302 of the Indian Penal Code and Section 27 of Arms Act.

On behalf of the petitioner it is submitted that the petitioner is not named in the F.I.R., during course of investigation the name of the petitioner transpired in the confessional statement of co-accused Kunal Kumar. The petitioner has got no criminal antecedent and he is in custody since 14.09.2016. No T.I.P. has been held as yet, co-accused Kunal Kumar has been allowed bail vide Cri. Misc. No. 65241 of 2015 by order dated 15.12.2015 and

Patna High Court Cr.Misc. No.55768 of 2016 (2) dt.12-01-2017 2/2 further Laxman Singh has also been allowed bail by order dated 23.05.2016 passed in Cri. Misc. No. 15091 of 2016 by another coordinate Bench of this Court vide Annexures 3 & 4. In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., XI, Vaishali at Hazipur, in connection with Jandaha P.S. Case No. 143 of 2015, 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.) Rajiv/- U T