Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24833 of 2021 Arising Out of PS. Case No.-37 Year-2020 Thana- ALIPUR District- Gaya ====================================================== Sunil Kumar S/O Dumar Prasad R/O Village- Bhelu Bigha, P.S.- Kako, District- Jahanabad, State- Bihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/120B of the Indian Penal Code.

As per the prosecution case, some unknown persons committed murder of the father of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is not named in the First Information Report and his name has figured during course of investigation in confessional statement of co-accused. Only material against him collected during course of investigation is that the last call on the mobile phone of deceased was made by this petitioner. Investigation is complete. Petitioner is in custody since

Patna High Court CR. MISC. No.24833 of 2021(2) dt.26-07-2021 2/2 12.11.2020.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties, materials available on the record, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II Gaya in Alipur Police Station Case No. 37 of 2020 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T