Krishna Kumar @ Kishan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.375 of 2020 Arising Out of PS. Case No.-295 Year-2018 Thana- BARURAJ District- Muzaffarpur ====================================================== KRISHNA KUMAR @ KISHAN KUMAR S/O Birendra Singh @ Virendra Singh R/O Village - Rampur Gopal P.S. - Chakiya, District - East Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh For the Opposite Party/s :
Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-01-2020 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code. Informant has alleged in his fardebyan that 7-8 unknown miscreants entered his house and locked all the family members in room and thereafter looted household articles, utensils and jewelleries and fled away.
It has been submitted on behalf of the petitioner that nothing has been recovered from possession of the petitioner and he has been implicated in this case on the basis of confessional statement of Ramayan Kumar Mahto and he has
Patna High Court CR. MISC. No.375 of 2020(2) dt.20-01-2020 2/3 also confessed about his involvement in said crime. It has further been submitted that petitioner has not been put on any TIP and similarly, situated co-accused Chandan Khalifa and Raj Kumar Rai have been granted regular bail by different coordinate Benches of this Court vide order dated 20.11.2019 passed in Cr. Misc. No.50698 of 2019 and order dated 18.11.2019 passed in Cr. Misc. No.68256 of 2019 respectively. Petitioner is in custody since 31.07.2019.
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 Baruraj P.S. Case No. 295/2018 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
Patna High Court CR. MISC. No.375 of 2020(2) dt.20-01-2020 3/3 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) Sanjay/- U T