Indresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43122 of 2017 Arising Out of PS.Case No. -142 Year- 2016 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ====================================================== Indresh Kumar Son of Sunil Singh, R/o Village- Dayalpur Sidhauli, P.S.- Raja Pakar (Barati O.P.) in the District of Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Industrial Area (Hajipur) P.S. Case No. 142 of 2016 for offences punishable under Section 395 of the Indian Penal Code and Section 27 of Arms Act. The prosecution case, as lodged by the postal officials, is that while Rs. 5,50,000/- old currency notes were being taken with two security guards two persons on gun point snatched the money and rode away in two motorcycles.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and his name

Patna High Court Cr.Misc. No.43122 of 2017 (3) dt.10-11-2017 2/3 surfaced only on the basis of his confessional statement before the police which has no evidentiary value in the eye of law. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner and that he is languishing in judicial custody since 28.11.2016.

However, learned APP for the State opposes the prayer for bail stating therein that old currency notes of Rs. 2,84,000/- has been recovered from the house of the petitioner. Considering the facts and circumstances and the materials on record, and the period of custody, let petitioner, above named, 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 learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Industrial (Hajipur) Area P.S. Case No. 142 of 2016, subject to the following conditions : (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear

Patna High Court Cr.Misc. No.43122 of 2017 (3) dt.10-11-2017 3/3 on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) sushma/- U T