Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37231 of 2019 Arising Out of PS. Case No.-311 Year-2018 Thana- MANIYARI DistrictMuzaffarpur ====================================================== GOPAL KUMAR, male, aged about 19 years, Son of Late Chaturbhuj Thakur Resident of Village - Dubahan, P.S.- Sakra, Dist.- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar @ S.K., Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 399, 402, 414 of the Indian Penal Code registered in connection with Maniyari P.S. Case No. 311 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely on the confessional statement of co-accused Pushp Raj Kumar, except which there is no objective material to connect the petitioner with the alleged occurrence. It is further submitted that the seizure list discloses that no incriminating articles, arms or ammunition has been recovered from the said co-accused Pushp Raj Kumar to support the offence alleged. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each

Patna High Court CR. MISC. No.37231 of 2019(2) dt.19-06-2019 2/2 to the satisfaction of Sri Nayan Kumar, learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Maniyari P.S. Case No. 311 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further 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 offence till conclusion of the trial.

(iii) That 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. (iv) 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.

(Vikash Jain, J) Ibrar//- U T