Kanchan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31651 of 2015 Arising Out of PS.Case No. -87 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Kanchan Kumar S/o Ram Sakal Sah Resident of Village Barej, P.S. Mohania, District Kaimur (Bhabua).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. M.Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 19-08-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 143, 323, 302 of the Indian Penal Code.

It is submitted that F.I.R. has been lodged against Janardan Singh. The involvement of petitioner has been found during investigation. From perusal of the order passed by the learned 3rd Additional Sessions Judge, Kaimur at Bhabhua that the petitioner and his brother Pramod Kumar Gupta have confessed their guilt in paragraph Nos. 58 and 59 of the case diary respectively. Pramod Kumar Gupta has been granted bail vide order dated 13.08.2015 passed in Criminal Misc. No. 30475 of 2015. Petitioner has been in custody since 15.04.2015 having no criminal antecedent. Charge-sheet has already been submitted and

Patna High Court Cr.Misc. No.31651 of 2015 (2) dt.19-08-2015 2/2 there is no chance of tampering with the witnesses. Learned counsel for the State could not controvert the contention of the petitioner while opposing his prayer for bail. Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in Mohania P.S. Case No. 87 of 2015 with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sushma/- U