Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45726 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -SIDHWALIA District- GOPALGANJ ======================================================

1. Amit Kumar Son of Bishesar Das, R/o Village- Balara, P.S.- Sidhwalia, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Srivastava For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 The petitioner seeks regular bail in connection with Sidhwaliya P.S. Case No. 36 of 2017, registered for offences punishable under Section 302, 201/34 of the Indian Penal Code. Allegation against the petitioner is of causing death of the husband of the informant.

It has been submitted on behalf of the petitioner that he has not been named in the F.I.R, his name has surfaced in this case, one witness stated that he last seen the petitioner going with the deceased and except that there is nothing against the petitioner so as to connect him with the present case and he has been in judicial custody since 02.04.2017.

Learned counsel for the State could not controvert the above submission.

Having heard both sides, in view of the fact that petitioner's name transpired on this case only on the basis of confessional statement of co-accused and except that there is

Patna High Court Cr.Misc. No.45726 of 2017 (3) dt.17-10-2017 2/2 nothing against the petitioner, 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 Chief Judicial Magistrate, Gopalganj, in connection with Sidhwaliya P.S. Case No. 36 of 2017,subject to the 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 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 reasons, the prosecution is free to move for cancellation of his bail.

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