Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13986 of 2017 Arising Out of PS.Case No. -91 Year- 2016 Thana -SURYAPURA District- SASARAM (ROHTAS) ======================================================

1. Prakash Kumar S/o Kamendra Sah R/o Village - Semari, P.S. - Dawath, District - Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Jee Mishra For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2017 The petitioner is in custody since 16.12.2016 in connection with Suryapur P.S. Case No. 91 of 2016, registered for offences punishable under Sections 392 Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner's name transpired on the basis of confessional statement of co-accused of this case and save and except the said confessional statement of co-accused, there is nothing against the petitioner so as to show his involvement in the present case. Nothing has been recovered from the conscious possession of the petitioner and so far other criminal antecedent is concerned, in that case also petitioner has been named on the basis of confessional statement.

Learned counsel for the State also could not controvert the above fact.

Having heard both sides, in view of the fact petitioner's name come in this case only on the basis of confessional statement

Patna High Court Cr.Misc. No.13986 of 2017 (2) dt.27-03-2017 2/2 and he has been in custody since 16.12.2016, let petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Suryapur P.S. Case No. 91 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T