Patna High CourtCR. MISC./66392/2018bail granted

Rishu Kumar v. The State Of Bihar

2018-11-20Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66392 of 2018 Arising Out of PS. Case No.-210 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Rishu Kumar S/o Raj Kumar Choudhary R/o Vill.-Akarahan Khargi, P.S. Kanti,Distt.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv and Mr. Dhananjay Kumar, Adv For the Opposite Party/s :

Mr. Damodar Prasad Tiwary,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Kanti P.S. Case No. 210 of 2018 registered for the offence punishable under Section 363 of the Indian Penal Code and subsequently Seciton 364(A) of the IPC was added.

Allegation against the petitioner is of kidnapping the nephew of the Informant though he is not named in the FIR. FIR is against unknown.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Raushan Kumar who has already been granted bail

Patna High Court Cr.Misc. No.66392 of 2018(2) dt.20-11-2018 2/2 vide order dated 10.09.2018 in Criminal Miscellaneous No. 37488 of 2018. Petitioner has got no criminal antecedent and is in custody since 29.04.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate-(West), Muzaffarpur, in connection with Kanti P.S. Case No. 210 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) 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.

(S. Kumar, J) ranjan/- U