Binod Burnwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23736 of 2016 Arising Out of PS.Case No. -80 Year- 2006 Thana -SONO District- JAMUI ====================================================== Binod Burnwal, Son of late Devsaran Burnwal, resident of VillageCharkapathar (Beharbatar), P.S.- Sono, District- Jamui. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party : Mr. Sri Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 31-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Sono P.S. case no. 80/2006 registered for offence under Sections 364, 34 of Indian Penal Code.

As per the prosecution story, the brother of the informant was going for collecting money. He was ambushed and kidnapped. Later on, the victim was recovered. Learned counsel for the petitioner has produced the judgment and order passed in connection with the present case with respect to accused Rupan Manjhi. From the judgment, it appears that the victim had refused to recognize the accused of that case and has not taken the name of petitioner. In paragraph 8 of the bail application, the petitioner has stated that his name

Patna High Court Cr.Misc. No.23736 of 2016 (2) dt.31-05-2016 2/3 transpired for the first time on 22.02.2016 and before that, his name was not appeared anywhere as accused connecting with this case.

Looking to the facts and circumstances of the case, let the petitioner, namely, Binod Burnwal be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of A.C.J.M. Jamui in connection with Sono PS case no. 80/06, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail (iii) the petitioner would cooperate the proceeding of the court below (iv) the Court below, before granting the bail, will verify the statement made by the petitioner in paragraph 8 of the bail application.

In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds. Let the photocopy of the judgment and order passed in Sessions Trial No. 86/2009 be kept on record. (Shivaji Pandey, J.)

Patna High Court Cr.Misc. No.23736 of 2016 (2) dt.31-05-2016 3/3 U T