Patna High CourtCR. MISC./6519/2017bail granted

Sunil Kumar v. The State Of Bihar

2017-02-23Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6519 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -KHARAGPUR District- MUNGER ====================================================== Sunil Kumar, son of Sri Ramjee Das, R/o Village- Bhagalpur, P.S. Bariarpur, District- Munger.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Rakesh Kumar Sinha, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.10.2016 in connection with Kharagpur (Shampur) P.S. Case No. 111 of 2016 for the offences alleged under Section 384 of the Indian Penal Code and Section 3 and 4 of the Explosives Substance Act.

3. It is submitted that the petitioner has been falsely implicated and the main accused in the F.I.R. is Mukesh Kumar Das. The petitioner's name has surfaced after six days on the statement of the informant's father and uncle who however did not name the petitioner on the earlier occasion when they were examined by the police. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since

Patna High Court Cr.Misc. No.6519 of 2017 (2) dt.23-02-2017 2/2 27.10.2016 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Munger, in connection with Kharagpur (Shampur) P.S. Case No. 111 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

Md. Ibrarul/Chandran (Vikash Jain, J) U T