Tulan Kumar @ Tushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30333 of 2018 Arising Out of PS.Case No. -169 Year- 2017 Thana -PARWALPUR District- NALANDA (BIHARSHARIFF) ====================================================== TULAN KUMAR @ TUSHAN S/o Ganga Gope, R/o Vill.- Barkhandha, P.S.- Hilsa, Distt.- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Hilsa P.S. Case No. 633 of 2015 for the offences punishable under Sections 147, 148, 149, 341, 323, 386, 307, 506 of the Indian Penal Code.

It has been submitted that the case has been registered against unknown persons. The name of the petitioner surfaced on confessional statement of co-accuseds who were apprehended by Police in connection with Parwalpur Police Station Case No.178 of 2017 registered for the offences under sections 399, 402 of the Indian Penal Code and 25 (1-b)a, 26, 35 of the Arms Act. Nothing has been recovered from the possession of the petitioner and except the disclosure of his name by the co-accused, there is nothing against him. The petitioner is in custody in two other

Patna High Court Cr.Misc. No.30333 of 2018 (2) dt.22-05-2018 2/2 cases having similar allegation which was also based on confessional statement of aforesaid co-accused. The truck in question has been recovered from another district. It is further submitted that exactly similarly situated coaccused person has been granted bail by this Court by an order dated 17.05.2018 passed in Crl. Misc. No. 23727 of 2018. Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Hilsa, Nalanda in connection with Parwalpur P.S. Case No. 169 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 disposal of trial and make himself available as and when required by the court.

(Mohit Kumar Shah, J) S.Sb/- U T