Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8569 of 2019 Arising Out of PS. Case No.-170 Year-2017 Thana- DARAUNDA District- Siwan ====================================================== SUNIL KUMAR, aged about 27 years, Gender, male, Son of Parshuram Prasad, Resident of Village- Shahpur, P.S.- G.B. Nagar Tarwara, DistrictSiwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Daraunda P.S. Case No. 170 of 2017 registered for the offence punishable under Sections 395 of the Indian Penal Code.

Informant has alleged in his written complaint that on 13.09.2017 at about 10 a.m., while he was going along with his friend Sudhir Kumar, six miscreants riding on two motorcycles dashed his motorcycle as a result of which they fell down and, thereafter, on the strength of arms, they snatched away the motorcycle and mobile from their possession. However, one miscreant was apprehended by the people and he named the petitioner as a miscreant who manged to escape. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.8569 of 2019(2) dt.01-03-2019 2/3 he is innocent and has been falsely implicated in this case and he was not involved in the said crime. It has further been submitted that the person who was apprehended, his trial has been resulted in his acquittal. Petitioner has no criminal antecedent and he is in custody since 27.11.2018. 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 Additional Chief Judicial Magistrate, XI, Siwan in connection with Daraunda P.S. Case No. 170 of 2017, 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.8569 of 2019(2) dt.01-03-2019 3/3 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) Sanjay/- U T