Gautam Kumar Singh @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43364 of 2018 Arising Out of PS.Case No. -865 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Gautam Kumar Singh @ Gautam Kumar, Son of Arun Kumar Singh, resident of Village & P.O.- Khanpur Pakari, Police Station- Bidhupur, District- Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 13.02.2017 in connection with Hajipur Nagar P.S. Case No. 865 of 2016 for the offence registered under Sections 452, 382/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the petitioner is not named in the first information report, the petitioner's name has surfaced on the basis of the confessional statement made before the police by co-accused Abhijit Kumar which was recorded five days after the institution of the case. It is further submitted that there is no recovery from the possession of the petitioner and till date no T.I. Parade has been conducted and

he is languishing in jail.

Considering the aforesaid 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 the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Nagr P.S. Case No. 865 of 2016, subject to the conditions that :-

(1) One of the bailors will be his father.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate 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.

(Anjana Mishra, J) Jagdish/- U