Sujeet Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15257 of 2017 Arising Out of PS.Case No. -301 Year- 2016 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Sujeet Kumar Sharma Son of Arjun Sharma, Resident of Village- Fulah, P.S.- Mahua, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raju Kumar For the Opposite Party/s : Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-03-2017 Heard the parties.

This application has been filed in connection with Kurhani P.S.Cae No.301 of 2016 for the offence under Section 392 of the Indian Penal Code.

It is submitted on behalf of the petitioner that he is not named in the F.I.R. and his name has transpired only on the basis of confessional statement of co-accused, except that there is nothing against the petitioner. So far criminal antecedent is concerned, it has been specifically submitted that he was accused in Maniyari P.S.Case No.200 of 2016 and he has been remanded in this case. The petitioner is in custody since 12.01.2017. Heard learned A.P.P. also, who could not controvert the fact that his name transpired in the confessional statement of the co-

Patna High Court Cr.Misc. No.15257 of 2017 (2) dt.30-03-2017 2/2 accused.

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 Judicial Magistrate- 1st Class, Muzaffarpur in connection with Kurhani P.S.Case No.301 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 T