Uday Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42613 of 2018 Arising Out of PS.Case No. -92 Year- 2018 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================
1. Uday Kumar, Son of Sivjee Singh, Resident of Village- Mohamadpur, P.S.- Goraul, District- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 22.04.2018 in connection with Goraul P.S. Case No. 92 of 2018 registered for the offences punishable under Sections 302, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the name of the petitioner surfaced in the confessional statement made before the police by one Munna Kumar, one Alok Kumar and one Ranjeet Kumar Rai who have disclosed the complicity of the petitioner also. It is further submitted that after his arrest, the petitioner was also made to give his self-confessional statement before the police which has no evidentiary value. It is further
Patna High Court Cr.Misc. No.42613 of 2018 (2) dt.20-07-2018 2/3 submitted that co-accused Munna Kumar who has been taken into custody on the basis of certain political rivalry, thereafter his selfconfessional statement has been taken, has since been extended the privilege of bail vide order dated 05.07.2018 passed in Cr. Misc. No. 34725 of 2018.
In view of the aforementioned facts and circumstances, 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 Additional Chief Judicial Magistrate-1st, Vaishali (Hajipur) in connection with Goraul P.S. Case No. 92 of 2018, 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.
Patna High Court Cr.Misc. No.42613 of 2018 (2) dt.20-07-2018 3/3
(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/- U T