Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39451 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -GWALPARA District- MADHEPURA ====================================================== Suraj Kumar Sonelal Mehta Resident of Village & P.S.- Uda-Kishunganj, District - Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2017 Heard the parties.

This application has been filed in connection with Gwalpara P.S.Case No.21 of 2016 for the offence under Section 392 of the Indian Penal Code.

It is submitted on behalf of the petitioner that on the basis of confessional statement of the co-accused before the Police, this petitioner has been implicated in this case and except that there is nothing against the petitioner and the petitioner is in custody since 05.05.2016. He has clean antecedent.

Heard learned A.P.P. also, who could not controvert the above facts.

Having heard both sides. In view of the fact that except the confessional statement of the co-accused before the Police, there is

Patna High Court Cr.Misc. No.39451 of 2016 (4) dt.27-02-2017 2/2 nothing against this petitioner and he is in custody for about nine months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Ist Class Judicial Magistrate, Shri Ashok Kumar-II, Uda-Kishanganj (Madhepura) in connection with Gwalpara P.S.Case No.21 of 2016.

With 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 shall co-operate 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.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U