Pandav Kumar @ Pandav Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18945 of 2017 Arising Out of PS.Case No. -101 Year- 2016 Thana -PUSA District- SAMASTIPUR ======================================================

1. Pandav Kumar @ Pandav Kunwar, Son of Sri Vishwanath Mahto, Resident of Village- Ajana, P.S.- Kalyanpur, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Abhay Shankar Singh For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with S.T.No.65 of 2017, arising out of Pusa P.S.Case No.101 of 2016, registered for offences punishable under Sections 394 and 302 of the Indian Penal Code.

The petitioner is not named in the F.I.R. The case is under Section 394 I.P.C.

It is submitted on behalf of the petitioner that the petitioner is not named in the F.I.R. and his named transpired during the course of investigation. It is further submitted on behalf of the petitioner that except self confessional statement of the petitioner before the police, there is nothing against him and there is no recovery and he has not been put on T.I.P. He is in custody for

Patna High Court Cr.Misc. No.18945 of 2017 (2) dt.02-05-2017 2/2 about six months.

Heard learned A.P.P. also, who could not controvert the above facts.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Samastipur in connection with S.T.No.65 of 2017 arising out of Pusa P.S.Case No.101 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U