Fantush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47338 of 2018 Arising Out of PS.Case No. -294 Year- 2017 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================
1. Fantush Kumar Son of Late Giridhari Prasad Resident of Village - Lakhipur, P.S. Salimpur, District - Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhola Kumar For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2018 Heard the parties.
The petitioner seeks regular bail in connection with S.Kamal P.S.Case No.294 of 2017 registered for offences punishable under Sections 302, 201/34 2017 of the Indian Penal Code.
Allegation against the petitioner as per FIR is that some miscreants have forcibly taken away the truck, killed the Driver and fled away with the truck and thereafter the name of the petitioner transpired during the course of investigation of the case. Submission of the learned counsel for the petitioner is that except his confession in parra 19 of the case diary, in which he has admitted that he has helped in crossing the truck from Begusrai to Bakhtiarpur, there is absolutely nothing against him and he is in
Patna High Court Cr.Misc. No.47338 of 2018 (3) dt.20-09-2018 2/2 custody since 26.3.2018.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of ACJM-V, Begusarai in connection with S.Kamal P.S.Case No.294 of 2017.
With 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) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T