Bhola Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31489 of 2018 Arising Out of PS. Case No.-287 Year-2017 Thana- MINAPUR District- Muzaffarpur ====================================================== Bhola Rai S/o Sri Nokhelal Rai, R/o Vill.- Dedar Kolhua, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan For the Opposite Party/s :

Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Minapur P.S. Case No. 287 of 2017 registered for the offence punishable under Sections 364(A)/34 of the Indian Penal Code.

Informant is the father of victim boy, who was kidnapped by 4-5 unidentified miscreants and ransom of Rs. 1 lac was demanded by them from the mobile of the victim boy from the informant who is the father of the victim. However, matter was negotiated for release of son of the informant to Rs. 60,000/-. Thereafter police was informed and the police recovered the victim boy and arrested co-accused Pintu Rajak from the spot.

Patna High Court Cr.Misc. No.31489 of 2018(2) dt.24-05-2018 2/3 It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case. It has been further submitted that the name of the petitioner has surfaced in this case only on the basis of confessional statement of co-accused Pintu Rajak and except the confessional statement no incriminating material has been found against the petitioner. In para-3, petitioner has stated about one criminal antecedent in which police has submitted final form and petitioner has not been chargesheeted in the said case.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 287 of 2017 subject to the condition as laid down under Section 438(2) of the Cr.P.C 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

Patna High Court Cr.Misc. No.31489 of 2018(2) dt.24-05-2018 3/3 be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(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) ranjan/- U