Patna High CourtCR. MISC./15053/2015bail granted

Sunil Kumar v. The State Of Bihar

2015-05-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15053 of 2015 Arising Out of PS.Case No. -180 Year- 2013 Thana -NAWINAGAR District- AURANGABAD ======================================================

1. Sunil Kumar Son of Akhilesh Mehta Resident of village - Dadhpa Bigha, P.S. Kutumba, District - Aurangabad .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar For the Opposite Party : Mr. Shailendra Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-05-2015 Petitioner is languishing in custody since 09.09.2014 in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code. On recovery of an unknown dead body with injuries from the road the First Information Report was registered against unknown. Subsequently the wife of the victim identified the dead body. The name of the petitioner sprang up on confession of co-accused Sujit Kumar who disclosed that petitioner and his associates have killed the victim due to gang rivalry. Similar was the confession of coaccused Ashok Yadav whereas two witnesses have stated that petitioner was found moving near the place of occurrence just prior to the occurrence.

It is submitted by learned counsel for the petitioner that only on suspicion the accusation has been levelled. Moreover the investigation has already concluded and

Patna High Court Cr.Misc. No.15053 of 2015 (2) dt.14-05-2015 2/2 co-accused have been granted bail vide Cr. Misc. Nos. 14874 of 2015 and 11043 of 2015.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Nabinagar P.S. Case No. 180 of 2013.

Since the petitioner has serious criminal antecedent, let learned Court below cancel the bail bonds of the petitioner, if the petitioner gets substantially involved in some serious nature of offence or defaults for two consecutive occasions during trial.

(Dinesh Kumar Singh, J) Shageer/- U T