Tinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18640 of 2016 Arising Out of PS.Case No. -359 Year- 2015 Thana -GAYA MUFFSIL District- GAYA ====================================================== Tinku Kumar S/o Kishori Singh R/o village - Manpur, Kumhar Toli, P.S. Muffasil, district - Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. T.P.Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Moffasil P.S. Case No. 359 of 2015 registered for the offence punishable under Section 302/34 of the Indian Penal Code. Sharwan Kumar @ Chhotu was killed and his dead body was recovered near Manpur Railway Station and the petitioner and others were living with the son of the informant. Submission is of false implication and that the informant is not an eye-witness, during investigation also no one has come forward as an eye-witness of actual killing, the confessional statement of co-accused Abhishekh Kumar has been got recorded wherein the petitioner has been named and besides suspicion and confessional statement of co-accused, there is

Patna High Court Cr.Misc. No.18640 of 2016 (4) dt.28-06-2016 2/2 nothing against the petitioner, the petitioner has been made accused in some more cases but he is on bail in all the cases. The learned A.P.P. submits that the petitioner is named in the First Information Report and further, the coaccused has also stated his name. In the facts and circumstances stated above, considering that investigation against the petitioner is complete, there is no chance of tampering with the prosecution evidence and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Moffasil P.S. Case No.

359 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) ajaypd.