Krishna Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.6268 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6268 of 2018 Arising Out of PS.Case No. -12 Year- 2017 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Krishna Kumar, Son of Ravindra Prasad Yadav @ Ravindra Rai, Resident of Village- Madpa, Police Station- Phenhara, District- East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 28.10.2017 in connection with Phenhara P.S. Case No. 12 of 2017 for the offences alleged under Sections 379, 411, 413, 414, 465, 468, 471, 474/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of stolen motorcycle. It is submitted that the petitioner has been implicated only on the extra judicial confessional statement of co-accused Shivam Kumar and except the same, there is no material to connect the petitioner with the alleged occurrence. The petitioner was neither arrested at the spot nor any recovery of the stolen goods has been made from his possession.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.6268 of 2018 (2) dt.01-02-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-12, Motihari, East Champaran, in connection with Phenhara P.S. Case No. 12 of 2017, 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/- U T