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Patna High CourtCR. MISC./76755/2018allowed

Rikesh Kumar v. The State Of Bihar

2019-01-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76755 of 2018 Arising Out of PS. Case No.-344 Year-2017 Thana- KESARIA District- East Champaran ====================================================== Rikesh Kumar Son of Gopal Singh, Resident of Village- Bangra Nizamat, P.S.- Sahebganj, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari For the Opposite Party/s :

Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is in custody in connection with Kesaria P.S. Case No. 344 of 2017 for the offences under Sections 341, 507 of the Indian Penal Code and section 27 of Arms Act.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 06.06.2018. He further submits that F.I.R. was registered against unknown and there is no material to connect the petitioner in the murder of the husband of the informant. Learned counsel for the petitioner submit that police forcibly took the signature of the petitioner on plain paper and converted the same into a confessional statement of the petitioner. He further submits that

Patna High Court Cr.Misc. No.76755 of 2018(3) dt.29-01-2019 2/2 similarly circumstanced co-accused namely Vicky @ Vicky Kumar was granted the bail by co-ordinate Bench of this Hon'ble Court in Cr. Misc. No. 52075 of 2018 vide order dated 04.10.2018 and Prabhat Kumar was granted bail in Cr. Misc. No.60024 of 2018 vide order dated 02.11.2018. He submits that even Subodh Kumar was granted anticipatory bail by coordinate Bench of this Court. Considering the aforesaid, the Court is inclined to grant bail to the petitioner, let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Court of learned Chief Judicial Magistrate, East Champaran in connection with Kesaria P.S. Case No. 344 of 2017. (Anil Kumar Upadhyay, J) mdrashid/- U T