Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11767 of 2019 Arising Out of PS. Case No.-199 Year-2018 Thana- KARJA District- Muzaffarpur ====================================================== PANKAJ KUMAR aged about 27 years Gender-Male Son of Sikandar Prasad Singh Resident of Village- Gawasra , P.S.- Karja, 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.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-03-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 363 and 364 of the Indian Penal Code and later on Section 302 of IPC was added.

Allegation as per FIR is of abducting and killing the son of the Informant. Petitioner is not named in the FIR. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on mere suspicion. The allegation against the petitioner is that he

Patna High Court CR. MISC. No.11767 of 2019(2) dt.14-03-2019 2/3 has sold the alleged SIM number without verification. It has been further submitted that during course of investigation Ajay Pandey was arrested who confessed that he alongwith his wife and Brother-in-Law are involved in the said crime and he has not alleged anything against this petitioner. Petitioner has got no criminal antecedent and is in custody since 14.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Karja P.S. Case No. 199 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.11767 of 2019(2) dt.14-03-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U