Harivansh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9157 of 2017 Arising Out of PS.Case No. -204 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ====================================================== Harivansh Kumar Singh, son of Mathura Prasad Singh, resident of Bholsar, P.S.- Rasalpur, District- Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. B.P.Pandey, Sr.Advocate with Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kahalgaon P.S.Case No. 204 of 2016 registered for the offences punishable under Sections 363, 365 and later on Sections 364, 302, 201 and 120B of the Indian Penal Code were added. It has been submitted on behalf of the petitioner that except confessional statement of co-accused in which name of the petitioner has transpired, there is nothing against the petitioner. Today, a supplementary affidavit has been filed on behalf of the petitioner stating that petitioner has been made accused in four other cases also.

Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and on perusal of the impugned order it appears that except confessional statement there

Patna High Court Cr.Misc. No.9157 of 2017 (2) dt.28-02-2017 2/2 is nothing against the petitioner and he is in custody for four months and charge-sheet in this case has been submitted, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon P.S.Case No. 204 of 2016, corresponding to G.R.No. 2138 of 2016 subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

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

(iii) The petitioner shall cooperate 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 reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U