Awadhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62161 of 2018 Arising Out of PS.Case No. -159 Year- 2018 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Awadhesh Kumar, s/o Bharat Prasad, r/o Belwabrit, P.S. Kuchaikote, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mishra For the informant : Mr. Ranjeet Kumar Pandey For the State : Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner, the informant and the learned A.P.P. for the State.

The petitioner seeks bail in Kuchaikote P.S. Case No. 159/2018, instituted for the offences under Sections 365, 302 and 201 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that F.I.R. is against unknown. Name of this petitioner has come during course of investigation in the confessional statement of co-accused Dilip Kumar. Thereafter police recorded the confessional statement of petitioner in para 52 of case diary. Witnesses in para 41, 72 of case diary has taken the name of this petitioner stating that this petitioner along with other accused had called the deceased. It is further submitted that only suspicion has been raised against this petitioner. There is no allegation of specific overt act against this petitioner.

Patna High Court Cr.Misc. No.62161 of 2018 (5) dt.05-11-2018 2/2 Petitioner is in custody since 07.06.2018.

Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VIIth, Gopalganj in connection with Kuchaikote P.S. Case No. 159/2018, subject to the conditions that (i) both the bailors shall be the close relative of the petitioner.

(ii) petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (iii) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J.) Rakhi U T