Kishun Deo Ram @ Mulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30682 of 2017 Arising Out of PS.Case No. -59 Year- 2015 Thana -GWALPARA District- MADHEPURA ====================================================== Kishundeo Ram @ Mulla Son of Late Bhola Ram, Resident of VillageKumharaili, P.S.- Beldour, District- Khagaria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. K.P. Singh with Mr. Anant Kumar-1, Advocates For the Opposite Party/s : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Gwalpara P.S.Case No. 59 of 2015, registered for the offences punishable under Sections 353, 395, 397 of the Indian Penal Code and 27 of the Arms Act.

Petitioner is not named in the FIR and it appears that his name transpires during course of investigation. It has been submitted on behalf of the petitioner that except confessional statement of co-accused there is nothing against him and he is in custody for more than four months. So far criminal antecedents are concerned, it has been submitted that he was arrested in connection with other case one year prior to the present case and thereafter he has been remanded in this case on 10.3.2017 and nothing has been recovered from his possession nor he was put on Test Identification Parade and he is on bail in other case.

Heard learned APP also.

Patna High Court Cr.Misc. No.30682 of 2017 (3) dt.21-07-2017 2/2 Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, 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 Judicial Magistrate, 1st Class, Udakishunganj (Madhepura), in connection with Gwalpara P.S.Case No. 59 of 2015, 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 for cancellation of his bail.

(iv) If petitioner has been made accused in such type of cases in future, his bail bond shall be cancelled. (Vinod Kumar Sinha, J) spal/- U