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Patna High CourtCR. MISC./45881/2017bail granted

Varun Kumar @ Barun Kumar v. The State Of Bihar

2017-10-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45881 of 2017 Arising Out of PS.Case No. -48 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Varun Kumar @ Barun Kumar, son of Baldeo Rai, resident of VillageMaruaha, Police Station- Sakra, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Singh For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with (Kathara O.P.) Goraul P.S.Case No. 48 of 2017 registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code.

Petitioner is not named in the FIR and allegation as per FIR is that son of the informant has gone outside after taking meal and thereafter he was traceless and later on his dead body was recovered from the field. It further appears from the impugned order that on the basis of confessional statement of co-accused Prem Sheela Devi name of the petitioner transpires in this case and petitioner has also confessed his guilt.

Submission of learned counsel for the petitioner is that except confessional statement there is nothing against him and no incriminating has been recovered from his possession and he is in custody for seven months.

Patna High Court Cr.Misc. No.45881 of 2017 (3) dt.11-10-2017 2/2 Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, let the petitioner, above named, be released 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 Sub-Divisional Judicial Magistrate, Vaishali at Hajipur, in connection with (Kathara O.P.) Goraul P.S.Case No. 48 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned, (2) Petitioner shall co-operate in trial and appear on each and every date fixed in court and failure to appear on two consecutive dates without any genuine reason or without permission of court, his bail bond shall be liable to be cancelled.

(Vinod Kumar Sinha, J) spal/- U