Rajnish Kumar @ Rajnish Anand @ Rajnish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44426 of 2018 Arising Out of PS. Case No.-85 Year-2018 Thana- CHAUSA District- Madhepura ====================================================== Rajnish Kumar @ Rajnish Anand @ Rajnish, Son of Ras Bihari Mandal, resident of Village Chandsuri Tola, P.S.- Chousa, District- Madhepura presently residing at Village- Chousa, P.S. Chousa, District, Madhepura ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganesh Prasad Singh For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Chausa P.S. Case No.85/18 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Informant is brother of the deceased who in his written report has stated that three persons as named in the F.I.R. took his deceased brother Bablu Yadav to learn vehicle driving and, thereafter, he was informed that his brother has died and lying in the vehicle. He and his family members suspected that all the three persons named in the F.I.R. have committed murder of his deceased brother by strangulation. The postmortem of the dead body was conducted by the Medical Officer. However, he has not found any external or

Patna High Court Cr.Misc. No.44426 of 2018(5) dt.11-12-2018 2/3 internal injury on the body. Even the F.S.L. report which was called for has not given any reason of death. Petitioner has no criminal antecedent and he is in custody since 20.04.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Udakisunganj, District, Madhepura in connection with Chausa P.S. Case No.85/18, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court Cr.Misc. No.44426 of 2018(5) dt.11-12-2018 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T