Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66426 of 2018 Arising Out of PS. Case No.-187 Year-2018 Thana- SURSAND District- Sitamarhi ====================================================== Sunil Kumar Son of Nagendra Prasad Resident of Village-Machhapakauni, P.S. Bela,Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Sursand P.S. Case No. 187 of 2018 registered for the offence punishable under Sections 392, 411 of the Indian Penal Code.

Allegation against petitioner and other co-accused is that they looted away cash Rs. 1,10,000/- kept in the bag of informant alongwith mobile with sim on the strength of pistol. 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 petitioner is not named in the FIR. His name has surfaced in this case on the basis of confessional statement of co-accused Gunjan Kumar Mishra. He has been

Patna High Court Cr.Misc. No.66426 of 2018(2) dt.02-11-2018 2/2 made accused in this case merely on suspicion. Nothing has been recovered from his possession. It has been further submitted that till date no T.I.P. has been held nor the petitioner has been put on T.I.P. Petitioner has no criminal antecedent and he is in custody since 14.08.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Pupri, Sitamarhi, in connection with Sursand P.S. Case No. 187 of 2018 subject to the conditions that:-

(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) veena/- U T