Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.817 of 2018 Arising Out of PS.Case No. -92 Year- 2017 Thana -MARKAHI District- KHAGARIA ====================================================== Gautam Kumar Son of Late Sagar Sahni Resident of Village - Bhadash, P.S. Muffasil (Khagaria), District - Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 364,120B/34 of Indian Penal Code.

It has been submitted by the counsel for the petitioner that the petitioner is innocent and has falsely been implicated in this case due to village politics. Other accused persons namely, Kundan Mehta and Sunil Kumar Mehta have been granted bail by this Court in Cr. Misc. No. 46500 of 2017 and 46275 of 2017 respectively. He further submits that Prior to the instant case the petitioner has no criminal antecedent and on the basis of such false implication he is in custody since 25.06.2017. In the facts and circumstances of the case, prayer for

Patna High Court Cr.Misc. No.817 of 2018 (2) dt.11-01-2018 2/2 bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Khagaria in Morkahi P.S. Case No. 92 of 2017 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T