Avinash Kumar @ Shani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18153 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -CHANDAUTI District- GAYA ======================================================
1. Avinash Kumar @ Shani son of Radhit Yadav resident of Muhalla - Naya Tola Jurabganj, P.S. - Kordha, District - Katihar. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uma Shankar Prasad Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-04-2017 Heard the parties.
The petitioner seeks regular bail in connection with Chandauti P.S.Case No.17 of 2017, registered for offences punishable under Section 379/34 of the Indian Penal Code. The petitioner is not named in the F.I.R. and later on, during the course of investigation, his name transpired. It is submitted on behalf of the petitioner that except confessional statement, there is nothing against the petitioner as well as there is no recovery and he was not put on T.I.P. He has clean antecedent and remained in custody for about three months. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be
Patna High Court Cr.Misc. No.18153 of 2017 (2) dt.21-04-2017 2/2 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 C.J.M., Gaya in connection with Chandauti P.S.Case No.17 of 2017.
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