Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63613 of 2017 Arising Out of PS.Case No. -195 Year- 2017 Thana -GAYA MUFFSIL District- GAYA ====================================================== Kamlesh Kumar Son of Lakho Sao, Resident of Village - Nuranga, P.S. Muffasil, Dist. - Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nityanand, Advocate. For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner is seeking regular bail in Muffasil P.S. Case No. 195 of 2017 registered under Sections 392 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and even though he has been in judicial custody on remand in this case with effect from 23.09.2017, till date no Test Identification Parade has been conducted for identification of the accused. The submission is that the petitioner has been falsely implicated only because of some suspicion. In Paragraph 3 of the application, he has given the details of the cases in which the petitioner has been on bail save

Patna High Court Cr.Misc. No.63613 of 2017 (2) dt.10-01-2018 2/2 and except in one case.

Learned A.P.P. representing the State though opposed the prayer but nothing significant could be submitted to reject the submissions of this petitioner.

In the facts and circumstances of the case, I would direct release of the petitioner, namely, Kamlesh Kumar, on bail on his furnishing bail bond of Rs. 15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 195 of 2017, subject to the conditions as laid down under Section 437(3) Cr.P.C. and further conditions that one of the bailors would be a family member of the petitioner having no criminal antecedent and the petitioner shall co-operate in course of trial by putting appearance as and when required by the trial court and two consecutive failure to attend the trial would lead to cancellation of his bail.

The application is disposed of accordingly.

(Rajeev Ranjan Prasad, J) Dilip, AR U