Rakesh Kumar Jha @ Rakesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48028 of 2017 Arising Out of PS.Case No. -161 Year- 2017 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Rakesh Kumar Jha @ Rakesh Jha, son of late Sitaram Jha, R/o Village/Mohalla- Salempur, P.S.- Musri Gharari, District- Samastipur (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Shastrinagar P.S. Case No.161 of 2017 instituted for the offence under Section(s) 302, 324, 120-B/34 Indian Penal Code. Counsel for the petitioner has submitted that there is no eye witness in the case. There is no specific allegation against the petitioner. Name of the petitioner has been dragged due to village politics.

It is alleged in the written report that son of the Informant was shot dead in his shop by some unknown miscreants. Informant has mere raised suspicion against this petitioner in the written report.

Learned APP after looking into the case diary has

Patna High Court Cr.Misc. No.48028 of 2017 (3) dt.09-11-2017 2/2 submitted that witnesses have only raised suspicion against the petitioner.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Shastrinagar P.S. Case No.161 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubJudge IV-cum-Additional Chief Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T