Pritam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16397 of 2016 Arising Out of PS.Case No. -73 Year- 2015 Thana -GOPALPUR District- BHAGALPUR ====================================================== Pritam Kumar Son of Suresh Prasad Singh Resident of Village - Baniya, P.S.- Gopalpur (Rangra), District - Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. R.S.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-06-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Gopalpur (Rangra) P.S. Case No. 73 of 2015 registered for the offences punishable under Sections 342, 323, 379 and 504/34 of the Indian Penal Code.

Petitioner is not named in the first information report and it is submitted that nothing has been recovered from his conscious possession. He is in custody since 15.06.2015. He has not been identified by the informant in test identification parade. Police has recorded the confessional statement of the petitioner forcibly and on the basis of so called CCTV footage, it is said that the petitioner was also involved in that crime along with other co-

Patna High Court Cr.Misc. No.16397 of 2016 (3) dt.21-06-2016 2/2 accused. Other co-accused Lalu Yadav @ Lalo Yadav has already been allowed bail vide Criminal Misc. No. 18991 of 2016 and, as such, the petitioner also deserves sympathetic consideration. The learned A.P.P fairly submits that Lalu Yadav @ Lalo Yadav has been allowed bail.

In the facts and circumstances stated above, the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Naugachia in connection with Gopalpur (Rangra) P.S. Case No. 73 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Mishra/- U T