Roshan Kumar @ Rabish Kumar @ Roshan Kumar Rabish Kumar And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.25201 of 2018 (2) dt.07-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25201 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -SALKHUA District- SAHARSA ======================================================

1. Roshan Kumar @ Rabish Kumar @ Roshan Kumar Rabish Kumar, Son of Sindhu Ray,

2. Sevak Kumar, Son of Ranjit Ray,

3. Bindu Ray, Son of Late Rabinder Ray,

4. Amit Kumar @ Aadya Raj @ Amit Kumar Aaditya Raj, Son of Bindu Ray, All are residents of Village- Raghunathpur, Police StationSahebpur Kamal, District- Begusarai. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioners : Mr. Viveka Nandsingh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 29.01.2018 in connection with Salkhua P.S. Case No. 19 of 2018 for the offences alleged under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act.

3. It is submitted that the petitioners have been falsely implicated in connection with recovery of 10 cartridges each from the petitioners. The thrust of accusation with regard to recovery of three loaded rifles is from the Basa of co-accused Birju Ray. No arms has been recovered from the petitioners who claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.25201 of 2018 (2) dt.07-05-2018 (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IInd, Saharsa, in connection with Salkhua P.S. Case No. 19 of 2018, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) Md. Ibrarul/- U T