Rukesh Kumar @ Shavan Kumar Sah @ Rakesh Kumar @ Shwan Kumar Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78430 of 2024 Arising Out of PS. Case No.-95 Year-2022 Thana- DHAKA District- East Champaran ====================================================== Rukesh Kumar @ Shavan Kumar Sah @ Rakesh Kumar @ Shwan Kumar Saw S/O- Gajendra Sah Village- Jatauliya, P.S.- Kundwa Chainpur, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. FIR has been registered against unknown for murder of younger brother of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has committed no offence and has falsely been implicated in this case. He submits that there is no eye witness of the alleged occurrence. He submits that the name of the petitioner surfaced by the spy of the police without any cogent reason. He submits that there is no specific overt act against the petitioner. The
Patna High Court CR. MISC. No.78430 of 2024(2) dt.20-12-2024 2/3 petitioner has two criminal antecedent as mentioned in para-3 of this application and he is languishing in judicial custody since 15.06.2024.
5. Learned APP for the State opposed the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dhaka P.S. Case No. 95 of 2022, subject to the conditions:
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (II) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (III) The petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (IV) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State
Patna High Court CR. MISC. No.78430 of 2024(2) dt.20-12-2024 3/3 shall be at liberty to move for cancellation of bail. (V) The petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (Anjani Kumar Sharan, J) devendra/- U T