Sujeet Kumar @ Thapachi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48576 of 2019 Arising Out of PS. Case No.-233 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== SUJEET KUMAR @ THAPACHI Son of Late Basudev Rai @ Basudo Ray. Resident of Village- Chakmakra, P.S.- Hajipur Sadar, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Usha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25 (1-b), a, 26II, 35 of the Arms Act. Submission is that the petitioner was not arrested by the Police at the spot, rather his name surfaced in the confessional statement of co-accused, as the person who had fled away from there. Petitioner is in custody since 27.07.2018. Investigation of the case is already complete. Petitioner was never put on Test Identification Parade, nor any incriminating article has been recovered. Only material against the petitioner is his criminal antecedents.
Considering the period already undergone and
Patna High Court CR. MISC. No.48576 of 2019(2) dt.05-08-2019 2/2 nature of material, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Hajipur Town Police Station Case No.233 of 2018, subject to condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) abhishek/- U T