Sujeet Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.24023 of 2018 (2) dt.26-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24023 of 2018 Arising Out of PS.Case No. -368 Year- 2017 Thana -ALOULI District- KHAGARIA ====================================================== Sujeet Kumar Son of Medni Sah, Resident of Village- Hajipur Ward NO. 18, P.S. + District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal,Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 19.11.2017 in connection with Allouli P.S. Case No. 368 of 2017 for the alleged offences under Section 302, 120(B), 376(D)/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely on the confessional statement of co-accused Sanjiv Kumar @ Bablu and Ramu Sharma, except which there is no other material to connect the petitioner with the alleged occurrence. The informant's wife and elder daughter have not named the petitioner. Similarly situated co-accused Niraj Kumar has been granted anticipatory bail by this Court in Cr. Misc. No. 8969 of 2018. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction

Patna High Court Cr.Misc. No.24023 of 2018 (2) dt.26-04-2018 of learned Chief Judicial Magistrate, Khagaria in connection with Allouli P.S. Case No. 368 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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.

(iv) 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 reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T