Dilip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58772 of 2018 Arising Out of PS. Case No.-159 Year-2018 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Dilip Kumar, S/o Surjyadev Prasad @ Suryadev Been @ Suryadev Prasad, R/o Village- Belwa Brit, P.S.- Kuchaikot, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 56577 of 2018 Arising Out of PS. Case No.-159 Year-2018 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Vicky Kumar @ Mantu Kumar, Son of Late Indrasan Prasad, Resident of Village Mathiya Khas, P.S.- Kuchaikot, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
(In Criminal Miscellaneous No. 58772 of 2018) For the Petitioner/s :
Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP For the informant :
Mr. Ranjeet Kumar Pandey, Advocate (In Criminal Miscellaneous No. 56577 of 2018) For the Petitioner/s :
Mr. Dhramveer, Advocate For the Opposite Party/s :
Mr. Sri Awadhesh Kumar Singh For the informant :
Mr. Ranjeet Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant. The petitioners, who are in custody, seek bail in connection with Kuchaikote P.S. Case No. 159 of 2018 registered for the offence punishable under Section 365 of the
Patna High Court Cr.Misc. No.58772 of 2018(6) dt.02-11-2018 2/3 Indian Penal Code and later on Sections 302, 201 and 34 of the Indian Penal Code was also added.
FIR is against unknown. Their names have surfaced in this case on the basis of confessional statement of co-accused Awadhesh Kumar, except that confessional statement nothing has been recovered from their possession. Similarly co-accused, namely Bhola Yadav has been granted bail by this Hon'ble Court vide order dated 10.10.2018 passed in Cr. Misc. No. 57808 of 2018. Petitioners have no criminal antecedent and petitioner Dilip Kumar is in custody since 07.06.2018 and petitioner Vicky Kumar @ Mantu Kumar is in custody since 08.06.2018.
Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioners. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Gopalganj, in connection with Kuchaikote P.S. Case No. 159 of 2018 subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the
Patna High Court Cr.Misc. No.58772 of 2018(6) dt.02-11-2018 3/3 jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be represented on each and every date fixed by the court.
(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) veena/- U T