Sargun Kumar @ Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26720 of 2018 Arising Out of PS.Case No. -286 Year- 2017 Thana -RAJAUN District- BANKA ======================================================

1. Sargun Kumar @ Sujit Kumar, son of Ashok Das, Resident of VillageKathachatar, P.S. Rajoun, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 18.01.2018 in connection with Rajaun P.S. Case No. 286/2017 registered for the offences punishable under Sections 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and has been falsely implicated in this case on the basis of confessional statement made before the police by a co-accused Kundan Kumar which has no evidentiary value. It is further submitted that till date no T.I Parade has been conducted nor has there been any incriminating article which has been recovered from the possession of the petitioner.

Taking into consideration the facts and circumstances,

Patna High Court Cr.Misc. No.26720 of 2018 (2) dt.17-05-2018 2/2 let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Rajaun P.S. Case No. 286/2017, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or their wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/-Sneha U T