Sunil Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.32748 of 2015 (3) dt.09-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32748 of 2015 Arising Out of PS.Case No. -17 Year- 2014 Thana -KHAGAUL District- PATNA ======================================================

1. Sunil Kumar Son of Sri Chotte Lal Yadav, resident of village - Hiramanpur, P.S. - Bihta, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Madhuranand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Khagaul P.S. Case No. 17 of 2014 registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Bhagwan Prasad the father of the informant went out of the house after saying that Sunny is calling him and thereafter, his dead body was found having firearm injury on his head, stomach and waist. The deceased has kept cheque book after signing the same in the house of Sunny Thakur and Sunny Thakur withdrew rupees three and half lakh and it appears that for the same the crime has been committed.

Patna High Court Cr.Misc. No.32748 of 2015 (3) dt.09-11-2015 Submission is of false implication and that there is no tangible material against the petitioner. He has been implicated only on suspicion and after recording his confessional statement he has been chargesheeted without any cogent material. Learned APP after going through the case diary fairly submits that besides suspicion and confessional statement, there is no other material against the petitioner.

In the facts and circumstances stated above, 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 learned Additional Chief Judicial Magistrate, Danapur in connection with Khagaul P.S. Case No. 17 of 2014, 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) avin/- U T