Mrityunjay Kumar @ Mrityunjay Kumar Pankaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51618 of 2015 Arising Out of PS.Case No. -458 Year- 2014 Thana -BARACHATTI District- GAYA ====================================================== Mrityunjay Kumar @ Mrityunjay Kumar Pankaj son of Mithu Ram, resident of Village - Dalur, P.S. - Jamhar, District - Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Ahmad Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Barachatti P.S. Case No. 458 of 2014 registered for offences under sections 279, 304(A) I.P.C. and later on, Sections 302, 201 and 328 I.P.C. was attached to the earlier section.

The first information report was lodged against unknown persons, but during investigation two persons were found involve in killing the victim. The stolen material was handed over to the petitioner was found concealing the same that led to institution of Kotwali (Sukhdeonagar)P.S. Case No. 928/2014 registered for offence under section 414/34 I.P.C. in

Patna High Court Cr.Misc. No.51618 of 2015 (4) dt.09-02-2016 2/2 which the petitioner has been granted bail.

Kotwali (Sukhdeonagar) P.S. Case No. 928/2014 is nexus with the present petitioner who has been remanded in the present case on 17th August 2015.

Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Gaya in connection with Barachatti P.S. Case No. 458 of 2014, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T