Raj @ Raj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61636 of 2018 Arising Out of PS.Case No. -692 Year- 2017 Thana -KISHANGANJ District- KISANGANJ ====================================================== Raj @ Raj Alam, S/o Rashid, Resident of Ruidhasa (New Gariban Mohalla) Ward NO. 24, P.O. and P.S. Kishanganj, District- Kishanganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. D.K.Sinha, Senior Advocate and Mr.Bajarangi Lal & AK Ghosh, Advocates For the Opposite Party : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner's prayer for bail was earlier rejected by this Court vide order dated3.5.2018, passed in Cr.Misc.No. 17248 of 2018. He is an accused in a case registered for offence under sections 302, 201/34 IPC.

Learned senior counsel for the petitioner, pointing to the charge sheet/final form dated 13.6.2018 (Annexure 4 of the bail application) submits that police could not find the case true against the petitioner as such petitioner was not sent up for trial. However, the court below, differing with the same, has taken cognizance of the offences against the petitioner. Learned senior counsel further submits that the case is of accidental death and bona fide of the petitioner would be evident from the

Patna High Court Cr.Misc. No.61636 of 2018 (3) dt.10-10-2018 2/2 fact that there is no allegation in the FIR of coercing the victim to go along with him and he had gone with the accused on his own volition. Petitioner has no criminal antecedent and is in custody since 26.12.2017.

Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sessions Judge, Kishanganj in Sessions Trial No. 99 of 2018, arising out of Kishanganl Police Station Case No. 692 of 2017 on the following conditions:- One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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