Nakul Modi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25583 of 2017 Arising Out of PS.Case No. -276 Year- 2014 Thana -AMARPUR District- BANKA ====================================================== Nakul Modi Son of Late Ugal Kishore Midi, Resident of Village-Tahakbai, P.S.- Chandan, District- Banka.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Amarpur P.S.Case No. 276 of 2014 registered for the offences punishable under Sections 147, 148, 149, 435, 427 of the Indian Penal Code and 27 of the Arms Act, including 3/4 of Explosive Substance Act, 17 C.L.A. Act.

Petitioner is not named in the FIR and it appears that he has been made accused in this case on the basis of his own confessional statement.

It has been submitted on behalf of the petitioner that except confessional statement there is nothing against him and on the basis of that confession he has been remanded in other cases also, as stated in paragraph-3 of the petition and he is in custody since 18.2.2017. It has further been submitted that other coaccused persons have been granted bail by different co-ordinate Benches of this Court.

Patna High Court Cr.Misc. No.25583 of 2017 (3) dt.11-07-2017 2/2 Heard learned APP also.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Amarpur P.S.Case No. 276 of 2014, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) 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 below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U