Aashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30946 of 2017 Arising Out of PS.Case No. -62 Year- 2017 Thana -DANIYAWA District- PATNA ======================================================

1. Aashish Kumar son of Abhishek Kumar Sinha Resident of Mohalla - Machua Toli, P.S. - Malsalami, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar For the Opposite Party/s : Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2017 This application is for grant of regular bail in connection with Daniyawan P.S. Case No. 62 of 2017 registered for the offence(s) under section(s) 414/34 of the Indian Penal Code.

Allegation as per the FIR, is that the Police intercepted one Tempo, but the accused persons tried to flee away and on chase, two persons who were boarded on the Tempo, were arrested including the petitioner.

Submission of the learned counsel for the petitioner is that the petitioner has been made accused in this case only on the basis of suspicion. He has nothing to do with the said Tempo and he, having clean antecedent, is in custody in this case for one year and half months.

Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.30946 of 2017 (2) dt.13-07-2017 2/2 circumstances, as stated above, this application is allowed. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st class, Patna in connection with Daniyawan P.S. Case No. 62 of 2017, subject to the 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 cooperate in the investigation and 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 rhyme or reasons, the prosecution will have liberty to move for cancellation of his bail.

(Vinod Kumar Sinha, J) Mahesh/- U T