Sanni Kumar @ Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3644 of 2019 Arising Out of PS. Case No.-308 Year-2017 Thana- BAUNSI District- Banka ====================================================== Sanni Kumar @ Sunny Kumar, son of Satish Mandal @ Vijay Mandal, Resident of Village-Paharpur, P.S.-Medani Chowki, District-Lakhisarai ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Mukesh Kumar, Advocate For the State :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 379 and 411 of the Indian Penal Code registered in connection with Baunsi P.S. Case No. 308 of 2017.

3. It is submitted that the petitioner has been falsely implicated merely on the basis of confessional statement of coaccused Manish Kumar, except which there is no materiel to connect the petitioner with the alleged occurrence. No recovery of any incriminating articles has been made from his possession. Similarly situated co-accused Manish Kumar has been granted bail by a coordinate Bench of this Court. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Banka in connection with

Patna High Court Cr.Misc. No.3644 of 2019(2) dt.28-01-2019 2/2 Baunsi P.S. Case No. 308 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/Chandran U T