Keshav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2699 of 2019 Arising Out of PS. Case No.-378 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Keshav Kumar, Male, age 18 years, son of Brajesh Kumar Resident of Village- Neori, Police Station- Runnisaidpur, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Sessions Trial No.583 of 2018 arising out of Ahiyapur P.S. Case No. 378 of 2018 registered for the offence punishable under Sections 397 of the Indian Penal Code.

Allegation is snatching the bag of the informant and opening fire while he was coming on motorcycle by the unknown accused.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on the basis of confessional statement made by one co-accused, Golu @ Ujjawal Kumar who has been granted bail by a co-ordinate Bench of this Court vide order dated 18.01.2019 passed in Cr. Misc. No.107 of 2019 and except said confessional statement,

Patna High Court Cr.Misc. No.2699 of 2019(2) dt.31-01-2019 2/2 there is no any other incriminating material against the petitioner. Petitioner is in custody since 29.05.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned XI, Additional Sessions Judge, Muzaffarpur in connection with Sessions Trial No.583 of 2018 arising out of Ahiyapur P.S. Case No. 378 of 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 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