Patna High CourtCR. MISC./12010/2018bail granted

Gopal Kumar v. The State Of Bihar

2018-04-05Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12010 of 2018 Arising Out of PS.Case No. -10 Year- 2016 Thana -MEHUS District- SEKHPURA ====================================================== Gopal Kumar, S/o Sanjay Singh @ Sanjay Kumar Singh, R/o VillageMafo, P.S.- Mehus, District- Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar, Advocate For the Opposite Party/s : Mr. Sri Rajkishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 379 of the Indian Penal Code and 25 of the Antiquities and Treasures Act. It is submitted on behalf of the petitioner that keeping in view his criminal antecedent he has falsely been implicated in this case on the basis of confessional statement of co-accused Ram Balak Singh and Subodh Kumar who has been allowed bail in Cr. Misc. No. 1915 of 2017 and 24358 of 2017 respectively. He submits that other than the aforesaid confessional statement there is nothing to incriminate him in the instant case. He also submits that the allegation under the Antiquity and Treasures Act is not applicable against him. Petitioner is in jail custody connection with this case since 15.01.2018.

Patna High Court Cr.Misc. No.12010 of 2018 (3) dt.05-04-2018 2/2 In the facts and circumstances of the case, prayer for 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 Judicial Magistrate 1st Class, Sheikhpura in connection with Mehus P.S. Case No. 10 of 2016 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