Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32074 of 2017 Arising Out of PS.Case No. -90 Year- 2016 Thana -SIKANDARA District- JAMUI ======================================================

1. Rahul Kumar Son of Bhim Kora Resident of Village - Dhawatanr, P.O.: - Mathurapur, P.S. : Sikandra, District Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with S.T.No.255(A) of 2016 arising out of Sikandra P.S.Case No.90 of 2016 registered for offences punishable under Sections 364/34 of the Indian Penal Code later on added Section 302/201 of the IPC. The petitioner is not named in the F.I.R. It appears that he has been made accused on the basis of confessional statement of the co-accused.

Submission of the learned counsel for the petitioner is that except confession, there is nothing against the petitioner and he is in custody for more than a year.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.32074 of 2017 (3) dt.24-07-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged 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 learned A.D.J.-II, Jamui in connection with S.T.No.255(A) of 2016 arising out of Sikandra P.S.Case No.90 of 2016 dated 9.7.2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) 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 reason, otherwise, his bail bond shall be cancelled.

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