Gopal Kumar Verma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33845 of 2017 Arising Out of PS.Case No. -364 Year- 2016 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ======================================================

1. Gopal Kumar Verma, Son of Kameshwar Prasad Verma,

2. Miki Singh @ Manish @ Satyendra Singh Son of Viresh Singh, Both are R/o Village- Alaudiya, P.S.- Manpur, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2017 The petitioners seek regular bail in connection with Laheri P.S. Case No. 364 of 2016, registered for offences punishable under Sections 394 and 302 of the Indian Penal Code. Allegation against the petitioners that they along with other co-accused committed loot on jewellery shop and on protest by the informant and his brother, they fired on them and due to which brother of the informant died.

It has been submitted on behalf of the petitioners that they are not named in the F.I.R, their names have surfaced in this case only on the basis of confessional statement of co-accused and except that there is nothing against them. It has further been submitted that no recovery has been made from the possession of

the petitioners and uptil now no Test Identification Parade has been conducted and they have been in judicial custody since 24.01.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that petitioners' name transpired in this case only on the basis of confessional statement of co-accused and except that there is nothing against the petitioners, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Nalanda at Biharsharif, in connection with Laheri P.S. Case No. 364 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

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

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court

and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds. It is also made clear that if the petitioner again found involved in any of such offence, in future, his bail bonds will be cancelled.

(Vinod Kumar Sinha, J) sunil/- U T