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Patna High CourtCR. MISC./10961/2019bail granted

Saurabh Ranjan Kumar @ Bikash Kumar v. The State Of Bihar

2019-03-01Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10961 of 2019 Arising Out of PS. Case No.-756 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== Saurabh Ranjan Kumar @ Bikash Kumar Son of Binod Kumar Thakur Resident of Village- Khardaur Mahana, Police Station - Chanpatiya, DistrictWest Champaran. ... ... Petitioner/s

Versus

The State Of Bihar.

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

For the Petitioner/s :

Mr.Ram Kishun Prasad For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bettiah Town P.S. Case No. 756 of 2018 registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code and 25(1/b)a, 26, 35 of Arms Act. Informant is the Police Officer, who in his written complaint has stated that he received secret information that in Bara Ramana near Pipal Tree some miscreants have assembled to commit some grave crime and on receiving such information, he alongwith police party reached there and on seeing police, miscreants assembled there tried to escape but three of them were arrested and some managed to escape and they disclosed

Patna High Court CR. MISC. No.10961 of 2019(3) dt.01-03-2019 2/3 the name of petitioner and others who managed to flee away. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner was not arrested on the spot. Nothing has been recovered from his conscious possession. It has been further submitted that similarly placed co-accused Avinash Singh has been granted bail as contained in Annexure-2.Petitioner has no criminal antecedent and he is in custody since 02.09.2018. 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town P.S. Case No. 756 of 2018 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

Patna High Court CR. MISC. No.10961 of 2019(3) dt.01-03-2019 3/3 reason the trial court will be at liberty to cancel his 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