Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74209 of 2018 Arising Out of PS. Case No.-110 Year-2018 Thana- MAHUA District- Vaishali ====================================================== Shubham Kumar son of Ram Bachan Ray resident of Village- Kaila Jalalpur, P.S. Goraul (Kathara O.P), District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Mahua P.S. Case No. 110 of 2018 registered for the offence punishable under Sections 395/397 of the Indian Penal Code.

Informant is the Branch Manager of the Bank who in his written complaint has alleged loot of cash of Rs. 10,61,027/- from unidentified criminals.

It has been submitted on behalf of the petitioner that petitioner has been implicated in this case on the basis of his own confession made in Mahua P.S. Case No. 112 of 2018 registered under sections 414/34 of the IPC and 25(1-B)a, 26/35, of the Arms Act. Except his own confessional statement there is no incriminating material against the petitioner. Nothing has been recovered from the possession of the petitioner.

Patna High Court Cr.Misc. No.74209 of 2018(2) dt.13-12-2018 2/2 Petitioner is in custody since 14.06.2018.

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 Chief Judicial Magistrate, Vaishali at Hazipur, in connection with Mahua P.S. Case No. 110 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, 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) ranjan/- U