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Patna High CourtCR. MISC./40813/2019bail granted

Gore @ Gautam Kumar @ Morat v. The State Of Bihar

2019-07-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40813 of 2019 Arising Out of PS. Case No.-209 Year-2018 Thana- DESARI District- Vaishali ====================================================== GORE @ GAUTAM KUMAR @ MORAT Son of Devanand Singh @ Devanand Kumar Resident of Village- Gadhopur, P.S.- Mahua, DistrictVaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Swati Sinha For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Desri P. S. Case No. 209 of 2018 instituted for the offence under Section 392 of the Indian Penal Code.

Learned counsel for petitioner submits that petitioner is not named in the written report. There is no recovery of any incriminating article from possession of this petitioner. No T.I.P. has been held. The name of this petitioner has come during investigation in the confessional statement of co- accused Ravi Kumar.

Petitioner is in custody since 15.12.2018.

Learned counsel for State submits that petitioner has

Patna High Court CR. MISC. No.40813 of 2019(2) dt.08-07-2019 2/2 criminal antecedent and several cases are pending against him. Keeping in view the period of custody and also the fact that no T.I.P. has been held, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Judge-III-cum ACJM-II Vaishali at Hajipur in connection with Desri P. S. Case No. 209 of 2018 subject to the following conditions:- (i) Both the bailors shall be the close relative of the petitioner.

(ii) The petitioner shall be present on each and every date fixed by the Court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner.

(iii) If petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) shyambihari/- U T