Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23119 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- LAHERIMUHALLA District- Nalanda ====================================================== PAWAN KUMAR Son of Shiv Balak Thakur Resident of Village - Bhakarachak, P.S.- Masaurhi, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 461 and 379 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that he is innocent, not named in the F.I.R., and nothing has been recovered from his possession. It has been further submitted that the name of the petitioner has surfaced on the confessional statement of co-accused Nehal and except the said confessional statement, there is nothing against the petitioner. Petitioner is languishing in judicial custody since 19.11.2018. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail

Patna High Court CR. MISC. No.23119 of 2019(3) dt.27-06-2019 2/2 bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Laheri Police Station Case No. 226 of 2018, subject to the conditions:

(I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below. (III) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T