Rahesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72057 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- CHANDI District- Nalanda ====================================================== RAHESH KUMAR Son of Mishri Yadav Resident of Village - Kesaura, P.S.- Chandi, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2019 Heard learned Counsel for the petitioners and the learned APP for the State.

The petitioner seeks bail in Chandi PS Case No. 116 of 2019 registered under Sections 147, 148, 149, 302, 120B, 504 of the IPC Section 27 of the Arms Act.

Counsel for the petitioner submits that the petitoner has falsely been implicated in this case. It is further submitted that he is having clean antecedent and even as per the allegation firing attributed to co-accused Nandlesh Yadav has hit father-in-law of the informant. Petitioner's firing has allegedly hit a buffalo and on such allegation the petitioner is in custody since 13.8.2019. Charge-sheet has been submitted and there is no allegation that he has assaulted anyone else in the process. Learned APP has opposed the prayer to submit that with common object all the accused persons have participated in the occurrence.

Having regard to the aforesaid submissions the petitioner's prayer for bail is allowed.

Let the petitioner above named be released on

Patna High Court CR. MISC. No.72057 of 2019(4) dt.13-12-2019 2/2 bail on his furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM, lst Hilsa, Nalanda in Chandi PS Case No. 116 of 2019 on the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T