Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3802 of 2017 Arising Out of PS.Case No. -169 Year- 2015 Thana -AURAI District- MUZAFFARPUR ====================================================== Murari Kumar son of Jayshankar Singh resident of village- Tilak Tajpur, P.S. Runnisaidpur, District- Sitamarhi at present resident of villageSahwajpur, P.s. Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2017 Heard the parties.

This application has been filed in connection with Aurai P.S.Case No.169 of 2015 for the offence under Section 392 of the Indian Penal Code.

It is submitted on behalf of the petitioner that except the confessional statement of the petitioner, there is nothing against him as well as no recovery and no T.I.P. He is in custody since 26.04.2016. It has also been submitted that though it is alleged that he is accused in seven other cases but in all those ceases, he has been implicated on the basis of confessional statement of the coaccused persons. He is a student of Polytechnic and if he is released on bail, he will abide by any condition imposed upon him.

Heard learned A.P.P. also, who does not controvert the

Patna High Court Cr.Misc. No.3802 of 2017 (2) dt.13-02-2017 2/2 aforesaid fact that except the confessional statement, there is nothing against this petitioner.

Having heard both sides. In view of the facts, as stated above, let the petitioner, above named, be 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 Sri S.K.Tripathi, J.M. Ist Class, Muzaffapur in connection with Aurai P.S.Case No.169 of 2015.

With following conditions :

(i) One of the bailors of the petitioner shall be his father himself, who will take responsibility of the petitioner. (ii) 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.

(iii) If any similar type of crime is again repeated, the prosecution is free to move for cancellation of the bail bond of the petitioner.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T