Vishal Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25066 of 2018 Arising Out of PS.Case No. -690 Year- 2016 Thana -KANKARBAGH District- PATNA ====================================================== Vishal Kumar Sharma, aged about 19 Years, S/o Sri Manoj Kumar @ Manoj Kumar Sharma, R/o Prithvipur, Chiraiyatarh, New Karbigahia, P.S.- Jakkanpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Upadhyay, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 28.02.2017 in connection with Kankarbagh P.S. Case No.690 of 2016 registered for the offence under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the petitioner was not named in the F.I.R., yet in the confessional statement made before the police, the name of the petitioner has transpired. It is further submitted that such statement has no evidentiary value and there has been no recovery from the possession of the petitioner. Considering the aforementioned facts and circumstances, let the petitioner, above named, be released on

Patna High Court Cr.Misc. No.25066 of 2018 (2) dt.15-05-2018 2/2 bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of 1st Class Judicial Magistrate, Patna, in connection with Kankarbagh P.S. Case No.690 of 2016 (G.R. No.7364 of 2016), subject to the following conditions :

(1) One of the bailors will be his own relative, namely, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T