Patna High CourtCR. MISC./13113/2017bail granted

Krishna Kumar @ Kishan Kumar v. The State Of Bihar

2017-03-18Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13113 of 2017 Arising Out of PS. Case No. -154 Year- 2016 Thana -PATLIPUTRA District- PATNA ====================================================== Krishna Kumar @ Kishan Kumar son of Devi Prasad, resident of village Arasia Baxar, Police Station Sarpattah, District Jaunpur (U.P.) .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 28.07.2016 in connection with Patliputra P.S. Case No. 154 of 2016 for the offences alleged under Section 379 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated only on the basis of extra-judicial confession of coaccused Deepak Kumar, the latter having been granted bail by this Court in Cr. Misc. No. 7806 of 2017. The petitioner is on bail in respect of other cases in which he has been made accused.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Smt. Divya Mita, learned Judicial Magistrate Ist Class, Patna in connection with Patliputra P.S. Case No. 154 of 2016 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar

Patna High Court Cr.Misc. No.13113 of 2017 (2) dt.18-03-2017 2/2 offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/psc U T