Lokesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1067 of 2020 Arising Out of PS. Case No.-385 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== LOKESH KUMAR S/o Tara Chandra Singh @ Tara Singh R/o villageMathiya Bhopat, P.S.- Lakhaura, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Kumar Ray For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody seeks bail in a case registered under Sections 302, 201, 34 of the Indian Penal Code. Informant has alleged in his written complaint that that on 18.06.2019 at 8.30 AM his son left house as he received a mobile call of Sonu Kumar but thereafter he did not return and his dead body was found.

It has been submitted on behalf of petitioner that petitioner is not named in the FIR. His name has surfaced in this case on the basis of confessional statement made by Kumar Arya Vir @ Prince Kumar and except said confessional statement there is no any incriminating material against the

Patna High Court CR. MISC. No.1067 of 2020(2) dt.20-01-2020 2/3 petitioner. It has been further submitted that said Kumar Arya Vir @ Prince Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 06.09.2019 passed in Cr. Misc. No. 55848 of 2019. There is no eye witness to the occurrence. Petitioner has no criminal antecedent and 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/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Turkauliya P.S. Case No. 385 of 2019 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his

Patna High Court CR. MISC. No.1067 of 2020(2) dt.20-01-2020 3/3 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) veena/- U T