Azadi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19356 of 2017 Arising Out of PS.Case No. -164 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Azadi Kumar, s/o Ram Naresh Prasad r/o village Taksari, P.S. Madhuban District East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party : Mr. Braj Kishore Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Madhuban P.S Case No. 164 of 2016 registered for the offences punishable under Sections 307, 387/34 of the Indian Penal Code and Section 27 of Arms Act.

Two unknown motorcycle borne criminals shot the nosal man of the patrol pump of the informant thereafter fled away, due to non-payment of ransom. During investigation the name of the petitioner transpires in the confessional statement. Submission is of false implication and that the petitioner has not been put on T.I.P., he is in custody since 30.11.2016, besides confessional statement of co-accused and the

Patna High Court Cr.Misc. No.19356 of 2017 (3) dt.28-06-2017 2/2 petitioner there is noting against the petitioner, against the petitioner there are two cases and in both the cases the petitioner is on bail and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P. submits that the petitioner has also confessed his guilt.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., 4th, Motihari East Champaran, in connection with Madhuban P.S. Case No. 164 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T