Indra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30142 of 2018 Arising Out of PS.Case No. -605 Year- 2017 Thana -DANAPUR District- PATNA ====================================================== Indra Kumar, son of Rajeshwar Rai Resident of Village- Sultanpur Bhatha Per, P.S.- Danapur, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Danapur P.S. Case No.605 of 2017 registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
As per allegation, the son of the informant had gone to see Ganesh Mela on 30.08.2017 and subsequently the informant received information that his son has been murdered and his dead body was lying in the khandhar of Janakdhari High School. It has been submitted that this petitioner has been falsely implicated in this case inasmuch as there is no material which has come on record during the entire investigation to
Patna High Court Cr.Misc. No.30142 of 2018 (3) dt.03-07-2018 connect the petitioner with the alleged crime. It has been submitted that one Bunty Rai @ Abhishek who disclosed the name of this petitioner has been allowed bail by one of the coordinate Bench of this Court in Cr.Misc.No.27134 of 2018. The case of this petitioner stands on similar footing. He is in custody since 15.03.2018 having clean antecedent. The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to 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 learned A.C.J.M. I, Danapur, Patna in connection with Danapur P.S. Case No.605 of 2017 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) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) 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
Patna High Court Cr.Misc. No.30142 of 2018 (3) dt.03-07-2018 below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U