Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77034 of 2018 Arising Out of PS. Case No.-156 Year-2018 Thana- HARNAUT District- Nalanda ====================================================== Sonu Kumar, son of Late Krishna Prasad, Resident of Village- Choran, P.S.- Harnaut, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babita Kumari For the Opposite Party/s :

Mr.Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Harnaut P.S. Case No. 156 of 2018 registered for the offence punishable under Sections 365/34, 364, 302, 201 and 120-B of the Indian Penal Code. Informant has alleged that his brother Rakesh Kumar was kidnapped by one Manish Kumar with bad intention and Chandan Kumar was also involved in the said occurrence. Later on his brother was killed.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been submitted that it would be evident from the FIR that allegation is made against Manish Kumar and Chandan Kumar and his name has surfaced on the basis of confessional statement of co-accused. He is in custody since 06.06.2018.

Patna High Court Cr.Misc. No.77034 of 2018(2) dt.20-12-2018 2/2 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 Additional Chief Judicial Magistrate- VI, Nalanda at Biharsharif in connection with Harnaut P.S. Case No. 156 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/manojU T