Patna High CourtCR. MISC./49623/2016bail granted

Binod Kumar v. The State Of Bihar

2016-12-09Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49623 of 2016 Arising Out of PS.Case No. -33 Year- 2015 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Binod Kumar Son of Paplu Sahni Resident of village- Bhit Naula, P.SBhagwanpur, Dist- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate.

For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-12-2016 Heard learned counsel for the petitioner and Mr. Shailendra Kumar Singh APP for the State.

The petitioner seeks bail in Bhagwanpur P.S. Case No. 33 of 2015, registered under Section 364 of the IPC. The allegation is that son of the informant accompanied named accused persons on a truck and thereafter did not return. Nearly nine months after the said incident, the FIR was lodged raising suspicion against the petitioner. It is submitted that co-accused Arun Yadav who is similarly placed has since been privileged with bail vide order dated 27.09.2016(Annexure-2). Petitioner has no criminal record and is in custody since 03.07.2016.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.49623 of 2016 (2) dt.09-12-2016 2/2 this Court is inclined to extend the privilege of bail to the petitioner. Let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Begusarai, in connection with Bhagwanpur P.S. Case no. 33 of 2015, subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) As soon as the charges are framed the petitioner shall appear in person before the trial Court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T