Patna High CourtCR. MISC./51441/2017bail granted

Saurabh Kumar v. The State Of Bihar

2017-11-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51441 of 2017 Arising Out of PS.Case No. -429 Year- 2017 Thana -SUPAUL District- SUPAUL ====================================================== Saurabh Kumar S/o Late Surendra Prasad Yadav, resident of VillageSukhasan, P.S.- Singhesher, District- Madhepura. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Arun, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 30.07.2017 in connection with Supaul P.S. Case No. 429 of 2017 for the offences alleged under Sections 414/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as the motorcycle in question was parked by the side of the road and nothing has been recovered from the possession of the petitioner. Similarly situated co-accused Bechan Kumar @ Bechan Yadav has been granted bail by this Court in Cr. Misc. No. 48523 of 2017

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

Patna High Court Cr.Misc. No.51441 of 2017 (2) dt.13-11-2017 satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Supaul P.S. Case No. 429 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 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.

(iv) The petitioner shall cooperate 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.

(Vikash Jain, J) Md. Ibrarul/Chandran U T