Satyendra Kumar @ Ichana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26984 of 2016 Arising Out of PS.Case No. -453 Year- 2015 Thana -WAJIRGANJ District- GAYA ====================================================== Satyendra Kumar @ Ichana S/o Doman Saw, R/o Village- Pilkhi, P.S.- Khudaganj, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Wazirganj P.S. Case No. 453 of 2015 registered for offences under sections 395 & 397 of the Indian Penal Code. As per allegation, the victim driver was carrying the pickup van having registration no. BR-27-5410 with Dharmendra Kumar, Sudhir Kumar and Gautam Kumar. When the vehicle reached near the old crusher machine, suddenly one Sumo Victa overtake the pickup van and intercepted. About 7-8 persons alighted from the vehicle and, on the point of pistol, looted the materials.

Learned counsel for the petitioner has submitted that on the confessional statement of the co-accused, namely, Gautam

Patna High Court Cr.Misc. No.26984 of 2016 (2) dt.14-07-2016 Kumar, the recovery was made and he has already been granted bail by this Court vide order dated 26.5.2016 in Cr. Misc. No. 16214 of 2016. The petitioner is languishing in judicial custody since 5.11.2015.

Looking to the facts and circumstances of the case, let the petitioner, namely, Satyendra Kumar @ Ichana, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, IXth, Gaya in connection with Wazirganj P.S. Case No. 453 of 2015 (S.Tr. No. 73/16/152/16), subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds (Shivaji Pandey, J) Rishi/- U T