Patna High CourtCR. MISC./56976/2017bail granted

Babalu Kumar @ Bablu Kumar v. The State Of Bihar

2017-12-12Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56976 of 2017 Arising Out of PS.Case No. -272 Year- 2017 Thana -GARKHA District- SARAN ======================================================

1. Babalu Kumar @ Bablu Kumar Son of Bhagwan Singh Resident of village- Pirari, P.S.- Derni, Distt.- Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Garkha P.S. Case No.272 of 2017 registered for the offences punishable under Sections 379, 401, 413, 414, 120(B) and 34 of the Indian Penal Code.

The informant of this case happens to be a police officer. It is alleged that the informant along with police party apprehended two persons, who had assembled for committing the occurrence of loot with looted motorcycle. Out of two arrested persons, one Harendra Manjhi has been granted bail in Criminal Miscellaneous No.48679 of 2017. The petitioner has clean antecedent except Derni P.S. Case No.77 of 2017 in which he is

Patna High Court Cr.Misc. No.56976 of 2017 (2) dt.12-12-2017 on bail. The petitioner is in custody since 29.06.2917. The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Garkha P.S. Case No.272 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) Harish/- U