Abhishek Anand @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53519 of 2017 Arising Out of PS.Case No. -363 Year- 2017 Thana -KADAMKUAN District- PATNA ======================================================

1. Abhishek Anand @ Pappu Kumar Son of Kapil deo Prasad, resident of Faridpur, P.O.-Chandhari, P.S.-Islampur, District-Nalanda.(Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sinha For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kadam Kuan P.S.Case No.363/2017 registered for offences punishable under Sections 461 and 379 of the Indian Penal Code and thereafter Section 411/34 of the Indian Penal Code. Petitioner is not named in the FIR and later on it appears that during the course of investigation , his name transpired in this case.

Submission of the learned counsel for the petitioner is that except confession there is absolutely nothing against him and no recovery as well as no criminal antecedent. He is in custody since 1.9.2017 and another co-accused having similar allegation has already been granted bail, vide order dated 9.11.2017 passed in Cr.

Patna High Court Cr.Misc. No.53519 of 2017 (3) dt.17-11-2017 2/2 Misc. No.51917/2017.

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 the learned C.J.M., Patna in connection with Kadamkuan P.S.Case No.363 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 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.

With the aforesaid observation, this application is allowed.

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