Abadhesh Kumar @ Tinku Kumar @ Awadhesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No 844 of 2018 Arising Out of PS.Case No. -131 Year- 2017 Thana -JAMALPUR District- MUNGER ====================================================== Abadhesh Kumar @ Tinku Kumar @ Awadhesh Kumar S/o Mahendra Prasad Matho, R/o Village- Maheshpur, P.S.- Piri Bazar, DistrictLakhisarai. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr Vijay Anand, Advocate For the S t a t e : Mr Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Sections 457, 380 of Indian Penal Code.
It is submitted by the counsel for the petitioner that first information report has been lodged against unknown persons. Petitioner's counsel submits that on the basis of statement of one Chhotu Kumar recorded in Naya Ramnagar Police Station Case No 130 of 2017, petitioner was implicated in that case and subsequent thereto, the same was incorporated in the case diary of the instant case. Other than aforesaid statement of co-accused, there is nothing incriminating which has been recovered from the petitioner nor there is any other material to implicate him in the
Patna High Court Cr.Misc. No.844 of 2018 (2) dt.11-01-2018 2/2 said case. In the said Naya Ramnagar Police Station Case No 130 of 2017 as well as the other cases mentioned in paragraph 3 of the petition, the petitioner is already on bail. He is in custody in connection with this case since 09.11.2017.
Considering the aforesaid submissions, prayer for bail 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 Chief Judicial Magistrate, Munger in Jamalpur Police Station Case No 131 of 2017 subject to the following 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) M.E.H./- U T