Rajdeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70212 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- MURLIGANJ District- Madhepura ====================================================== Rajdeep Kumar, Son of Maheshwar Yadav, Resident of Village - Dumaria, P.S.- Murliganj, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nand Singh, Adv.

Mr. Hira Jha, adv.

For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Murliganj P.S. Case No.33 of 2019 registered for the offence punishable under Section 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case only because he happens to be the stepbrother of the informant. Learned counsel submits that there is no specific allegation against the petitioner.

Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that this petitioner has been falsely implicated in this case only because he happens to be the stepbrother of the informant and that there is no

Patna High Court CR. MISC. No.70212 of 2019(2) dt.04-12-2019 2/2 specific allegation against him and further that the father Maheshwar Yadav has already been granted privilege of regular bail by a learned coordinate Bench of this Court vide order dated 15.07.2019 passed in Cr.Misc.No.43032 of 2019, the petitioner is in custody since 28.01.2019 and now the investigation is complete, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No.33 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C.

as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.