Patna High CourtCR. MISC./36687/2017bail granted

Bipin Kumar v. The State Of Bihar

2017-09-22Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.36687 of 2017 (3) dt.22-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36687 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ====================================================== Bipin Kumar Son of Phuleshwar Rai, R/o Village- Sultanpur Chhaurahi, P.S.- Patory, Distt.- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bijay Bhushan, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 23.02.2017 in connection with Sakara P.S. Case No. 39 of 2017 for the alleged offences under Sections 399, 400, 401, 402, 414/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and there is no material to connect the petitioner with the alleged occurrence. Except a mobile phone there is no recovery of any incriminating articles from the conscious possession of the petitioner. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the 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 like amount each to the satisfaction of learned A.C.J.M.-cum-Sub Judge-13, Muzaffarpur in connection with Sakara P.S. Case No. 39 of 2017 on the following conditions:-

Patna High Court Cr.Misc. No.36687 of 2017 (3) dt.22-09-2017 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T