Patna High CourtCR. MISC./423/2017bail granted

Ajit Kumar v. The State Of Bihar

2017-01-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.423 of 2017 Arising Out of PS.Case No. -63 Year- 2016 Thana -KASBA District- PURNIA ======================================================

1. Ajit Kumar, Aged about 27 years S/o late Siya Ram Singh Resident of Village- Senduari, P.S. Sadar, Hajipur, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Sinha For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2017 The petitioner is in custody since 20.08.2016 in connection with Kasba P.S. Case No. 63 of 2016, registered for offences punishable under Sections 457 and 380 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner is not named in the F.I.R, his name surfaced in this case only on the basis of confessional statement of co-accused and also there is no recovery from the possession of the petitioner. It has further been submitted that though the petitioner is an accused in five other cases, he is on bail in all the cases. Heard learned A.P.P. also.

Having heard both sides, in view of the fact that save and except the confessional statement of co-accused, there is nothing against this petitioner and he has remained in custody for more than five months, let the petitioner above named, be released on

Patna High Court Cr.Misc. No.423 of 2017 (2) dt.31-01-2017 2/2 bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Kasba P.S. Case No. 63 of 2016, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part two appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U