Rahul Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65550 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- NAYAGAON District- Saran ====================================================== RAHUL RAJ, Son of Daroga Ray, Resident of May Flower School near Digha, P.S-Digha, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 397, 414 and 307 of the Indian Penal Code and Sections 27/ 25 (1-b)a/35 of the Arms Act.

Prosecution case is that as per FIR, Police SubInspector along with police patrolling party on 19.08.2019 information received on mobile that some firing has been made by some unknown criminals thereafter police personnel reached Nayagaon Bazar near Shiv Mandir he found one person fleeing away who was chased and caught by the police personnel. He disclosed his name as Sameet Kumar and other accused persons was fleeing leaving one motorcycle. The accused Sameet Kumar

Patna High Court CR. MISC. No.65550 of 2019(3) dt.05-03-2020 2/3 disclosed that four other persons were also had accompanied him including the petitioner. The informant stated that Sameet Kumar along with other four persons tried to snatched the motorcycle and on protest Sameet Kumar above fired but no one sustain injury.

Learned counsel for the petitioner submits that the petitioner has been made accused on the confessional statement of co-accused. The petitioner is meritorious student and has passed his matriculation from CBSE in the year 2015 with 10 CGPA. He further passed his 12 examination from BSEB in the year 2017 with 1st Division thereafter got himself enrolled for pursuing the course namely B.MC in St. Xavier College of MGMT and Tech under Aryabhatt Knowledge University, Dighaghat, Patna. The petitioner has got no criminal antecedent. In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Chapra, Saran in connection with Nayagaon P.S. Case No. 117 of 2019, subject to

Patna High Court CR. MISC. No.65550 of 2019(3) dt.05-03-2020 3/3 the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure and subject to further following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjani Kumar Sharan, J) amitkumar/- U T