Shekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77982 of 2018 Arising Out of PS. Case No.-448 Year-2017 Thana- SAKRA District- Muzaffarpur ====================================================== Shekhar Kumar S/o Yognedra Sahni, R/o Vill.- Rajwara, P.S.- Mushahari, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Sri Dinesh Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sakra P.S. Case No. 448 of 2017 registered for the offences punishable under Sections 392 of the Indian Penal Code.

Informant has alleged in his written complaint that on 19.11.2017 in the night while he was on duty at Markan Chowk, in the meanwhile four miscreants came on a Bolero vehicle and abducted him and brought to a litchi orchard thereafter at about 4 A.M. when he went there found there is no A.T.M. machine and money kept were taken away by accused. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case on suspicion. Nothing was recovered from his possession. The name of petitioner has

Patna High Court Cr.Misc. No.77982 of 2018(2) dt.07-01-2019 2/2 come in confessional statement of co-accused Ramu Sahni. Similarly placed co-accused have been granted bail by coordinate bench of this Court passed in Cr. Misc. No. 71183 of 2018 and Cr. Misc. No. 71041 of 2018 vide order dated 04.12.2018 and 10.12.2108 respectively. Petitioner is in custody since 17.07.2018.

Considering the aforesaid fact 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 Sub-Judge-13-cum-A.C.J.M, Muzaffarpur, in connection with Sakra P.S. Case No. 448 of 2017, subject to 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(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) Rajiv/- U T