Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7590 of 2019 Arising Out of PS. Case No.-42 Year-2016 Thana- SAHODARA District- West Champaran ====================================================== SUNIL KUMAR Male 38 years, s/o Rajendra Prasad Resident of MohallaPatwatoli, Daud Nagar Ward No.18, P.S.-Daud Nagar, District-Aurangabad at present Junior Engineer, Publice Works Department, Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Choubey For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Sahodara P.S. Case No. 42 of 2016 registered for the offence punishable under Sections 406, 420, 466, 467, 468, 471, 504 & 506 of the Indian Penal Code. As per FIR the Informant is a contractor and petitioner is a Junior Engineer. The Informant has alleged that while petitioner was posted as Junior Engineer he removed the staging and shuttering materials and did not return the same to the department. It is further alleged that signature on hand receipt is not of the Informant and his false signature was made by the accused. The accused-petitioner also insulted and

Patna High Court Cr.Misc. No.7590 of 2019(2) dt.25-02-2019 2/3 threatened the Informant on telephone and also threatened to commit his murder.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. This case has been lodged after delay of one year. This case is counter blast of Sahodara P.S. Case No. 54 of 2016. Petitioner has got no criminal antecedent and is in custody since 10.09.2018.

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/- with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate-West Champaran, Bettiah, in connection with Sahodara P.S. Case No. 42 of 2016, with following conditions:- (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 shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

Patna High Court Cr.Misc. No.7590 of 2019(2) dt.25-02-2019 3/3

(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) ranjan/- U