Lakshman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9945 of 2019 Arising Out of PS. Case No.-44 Year-2017 Thana- EAST COLONY District- Munger ====================================================== LAKSHMAN KUMAR, aged 24 years (Male), Son of Parmeshwar Yadav Resident of Village/ Muhalla - Out House Railway Colony, P.S. East Colony, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with East Colony P.S. Case No. 44 of 2017 registered for the offences punishable under Sections 457/380 of the Indian Penal Code.

Informant has alleged that on 03.09.2017 at about 5 P.M. in the morning when he got up he saw his main gate was unlocked and found that someone has taken away his two mobile sets, two golden rings of his wife, one suitcase full of cloths and Rs. 10000/- It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.9945 of 2019(2) dt.19-02-2019 2/3 that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is not named in the FIR. No stolen articles has been recovered from the conscious possession of petitioner. Petitioner is in custody since 07.07.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st Munger, in connection with East Colony P.S. Case No. 44 of 2017, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be

Patna High Court Cr.Misc. No.9945 of 2019(2) dt.19-02-2019 3/3 at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T