Jaicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46052 of 2015 Arising Out of PS.Case No. -298 Year- 2015 Thana -GAYA KOTWALI District- GAYA ====================================================== Jaicky Kumar son of Nathun Mahto, Resident of the village- Nauranga, P.S. Moffasil at District- Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd., A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of regular bail arises out of Kotwali P.S. Case No. 298 of 2015, disclosing offences under Sections 399 and 402 of the Indian Penal Code. Learned counsel for the petitioner submits that he has been implicated on the basis of confessional statement of coaccused Munna Kumar alias Munna Lala, who was arrested by the Police, on the spot whereas the petitioner is said to have fled away. He contends that what came to be recovered from the petitioner's possession by the Police in course of investigation, cannot be said to be incriminating for the purpose of petitioner's implication in a case punishable under Sections 399 and 402 of the

Patna High Court Cr.Misc. No.46052 of 2015 (2) dt.12-10-2015 2/2 Indian Penal Code. He has further submitted that the said Munna Kumar alias Munna Lala has been granted regular bail by the court of Additional District & Sessions Judge-IXth, Gaya vide order dated 04.09.2015 passed in Bail Petition No. 119 of 2015/1824 of 2015.

Considering these submissions, this application is allowed.

Let the petitioner, above-named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 298 of 2015.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T