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Patna High CourtCR. MISC./35374/2017bail granted

Rajnish Kumar @ Lalu v. The State Of Bihar

2017-08-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35374 of 2017 Arising Out of PS.Case No. -581 Year- 2016 Thana -KOTWALI District- PATNA ====================================================== Rajnish Kumar @ Lalu S/o- Sri Pankaj Singh @ Pankaj Kumar, Resident of Village- Siur, P.S.- Roh, District- Nawada, at present Belwar Gali, Lodipur tenant in the house of Most. Bhagwati Devi, P.S.- Gandhi Maidan, DistrictPatna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kotwali P.S.Case No. 581 of 2016 registered for the offences punishable under Sections 394 and 302 of the Indian Penal Code. Petitioner is not named in the FIR and it appears that later on his name has been transpired in the confessional statement of co-accused and there is allegation of robbery inside ATM booth and death of the deceased.

It has been submitted on behalf of the petitioner that except confessional statement there is nothing against the petitioner and he is in custody for seven months having no criminal antecedent. It has further been submitted that co-accused has been granted bail in Cr.Misc.No.24958 of 2017, vide order dated 29.6.2017.

Heard learned APP also.

Patna High Court Cr.Misc. No.35374 of 2017 (2) dt.07-08-2017 2/2 Having heard both sides and considering the aforesaid facts and circumstances and also considering the fact that coaccused has been granted bail, let the petitioner, named above, be released 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 Chief Judicial Magistrate, Patna, in connection with Kotwali P.S.Case No. 581 of 2016, G.R.No. 7762 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U