Murari Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.17857 of 2017 (2) dt.11-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17857 of 2017 Arising Out of PS.Case No. -193 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Murari Kumar S/o Babloo Paswan Resident of Village- Jhopar Patti Pokharia, P.S.- Town (Begusarai), District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 02.02.2016 in connection with Begusarai Town P.S. Case No. 193 of 2015 for the offences alleged under Sections 420, 414 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the motorcycle has not been recovered from the possession of the petitioner. The petitioner is not named in the F.I.R. and his name has surfaced on the extra judicial confessional statement of co-accused Vicky Kumar and Kundan Kumar. Similarly situated co-accused Ziaul @ Rahul has been granted bail by this Court in Cr. Misc. No. 29138 of 2016.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above

Patna High Court Cr.Misc. No.17857 of 2017 (2) dt.11-04-2017 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 Judicial Magistrate 1st Class, Begusarai, in connection with Begusarai Town P.S. Case No. 193 of 2015, 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.

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