Patna High CourtCR. MISC./4183/2020bail granted

Santosh Kumar @ Bhushwa v. The State Of Bihar

2020-01-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4183 of 2020 Arising Out of PS. Case No.-347 Year-2019 Thana- HISUWA District- Nawada ====================================================== Santosh Kumar @ Bhushwa Son of Sharwan Sav Resident of Village - Line Par Mirjapur, P.S.- Nawada, Distt - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Hisuwa P.S. Case No. 347 of 2019, registered for the offence punishable under Section 395 of the Indian Penal Code.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case merely on suspicion. Petitioner is not named in the FIR. Name of petitioner has surfaced in this case on the basis of confessional statement of co-accused Gyan Kumar. No incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner is in custody since 25.11.2019 having clean antecedent.

Considering the facts aforesaid, the petitioner above-

Patna High Court CR. MISC. No.4183 of 2020(2) dt.23-01-2020 2/2 named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Hisuwa P.S. Case No. 347 of 2019, subject to the following conditions:- (i) The 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 the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T