Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68799 of 2019 Arising Out of PS. Case No.-158 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== RAKESH KUMAR Son of Amod Rana Resident of Village-Raghopur, Police Station-Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302/324 of the Indian Penal Code & section 27 of the Arms Act.

Informant has alleged in his written complaint that on 22.04.2019 his son while going to office was stabbed in his way and he was taken to hospital for treatment where he died. He raised suspicion against his brother-in-law Vikash Tiwary of killing him. Name of petitioner has transpired in this case on the basis of confessional statement of co-accused Roshan Kumar, from whose possession the looted mobile of deceased was recovered.

It has been submitted on behalf of the petitioner that nothing was recovered from the possession of the petitioner and except said confessional statement, there is no any other incriminating material against the petitioner. Charge-sheet has

Patna High Court CR. MISC. No.68799 of 2019(2) dt.04-12-2019 2/2 already been submitted. Petitioner is in custody since 29.08.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Runnisaidpur P.S. Case No. 158/2019, 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 case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Ranjeet/- U T