Sushil Kumar @ Nanhki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77053 of 2018 Arising Out of PS. Case No.-499 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Sushil Kumar @ Nanhki, Son of Vidyanand Rai, Resident of VillageRaghopur Purani Hatt @ Rani Sarai Purani Hatt, P.S.- Bakhatiyarpur, DistrictPatna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bakhatiyarpur P.S. Case No. 499 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 427, 353, 283 of the Indian Penal Code and 27 of Arms Act.

Allegation against petitioner is of blocking the road NH 31 Maveshi Hatt and variously armed with lathi, danda and brick batting.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. There is no specific allegation against petitioner. Petitioner has been

Patna High Court Cr.Misc. No.77053 of 2018(2) dt.21-12-2018 2/2 arrested on the instance of Choukidar and nothing has been recovered from the possession of petitioner. Co-accused namely, Pawan Kumar has been granted bail vide order dated 17.12.2018 passed in Cr. Misc. No. 75542 of 2018. Petitioner has no criminal antecedent and he is in custody since 04.10.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh, Patna, in connection with Bakhatiyarpur P.S. Case No. 499 of 2018 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T