Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6946 of 2019 Arising Out of PS. Case No.-281 Year-2017 Thana- SAMASTIPUR District- Samastipur ====================================================== Abhishek Kumar, Son of Upendra Roy, aged about 26 years, (Male), Resident of village Dadpur, P.S. Samastiplur Mufasil, District- Samastipur. ... ... Petitioner/s
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mithilesh Kumar Vidyarthi, Adv For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Samastipur Town P.S. Case No. 281 of 2017 (G.R. No. 3305 of 2017) registered for the offences punishable under Sections 457, 380, 411 of the Indian Penal Code. Allegation against petitioner is that he was apprehended while he was fleeing with stolen mobile. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing was recovered from his conscious possession. Petitioner is in custody since 08.11.2017.
Patna High Court Cr.Misc. No.6946 of 2019(2) dt.18-02-2019 2/2 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Samastipur in connection with Samastipur Town P.S. Case No. 281 of 2017 (G.R. No. 3305 of 2017), subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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) Rajiv/- U T