Sohan Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78767 of 2018 Arising Out of PS. Case No.-90 Year-2018 Thana- JAYNAGAR District- Madhubani ====================================================== Sohan Kumar Das, son of Pramod Das, Resident of village Jaynagar Raj putana tol, P.S. Jaynagar, District . Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar, Adv.

For the Opposite Party/s :

Mr.Sri Lalan Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with S. T. No. 307 of 2018, arising out of Jaynagar P.S. Case No. 90 of 2018, registered for the offences punishable under Sections 302, 34 of the Indian Penal Code. Informant who is the father of deceased has alleged that on 01.03.2018 at 8:00 P.M. his son Suman Kumar Ram after receiving a mobile call left the place and thereafter his mobile was also found to be switched off and on 02.03.2018 at 4:00 P.M. his dead body was recovered.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. F.I.R. is against unknown and

Patna High Court Cr.Misc. No.78767 of 2018(3) dt.05-02-2019 2/2 nothing incriminating has been recovered from the possession of the petitioner. Petitioner is in custody since 10.03.2018. Considering the aforesaid fact 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 1st Additional District & Sessions Judge, Madhubani, in connection with S.T. No. 307 of 2018, arising out of Jaynagar P.S. Case No. 90 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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) Rajiv/- U T