Sohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77820 of 2018 Arising Out of PS. Case No.-41 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== Sohan Kumar son of Late Shankar Patel, Resident of village- Sripur Kabaiya, P.S. - Jharokhar, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Chakia P.S. Case No. 41 of 2018 registered for the offence punishable under Sections 379, 411, 413 of the Indian Penal Code, 1860 (IPC). It has been submitted on behalf of the petitioner that petitioner is not named in the F.I.R. It has further been submitted that name of the petitioner has surfaced in this case on the confessional statement made by co-accused Md. Ali @ Ali Jahan @ Keshar and except the said confessional statement, there is no any incriminating material against the petitioner. Petitioner is in custody since 11.09.2018. Similarly placed coaccused has already been granted bail as contained in Annexure2. Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.77820 of 2018(2) dt.04-01-2019 2/2 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 13th Additional Chief Judicial Magistrate, Motihari, East Champaran in connection with Chakia P.S. Case No. 41 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) Sanjay/- U T