Bharat Patel @ Bharat Bhushan Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59043 of 2018 Arising Out of P.S.Case No. -285 Year- 2016 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Bharat Patel @ Bharat Bhushan Patel S/o Tarkeshwar Prasad @ Tarkeshwar Bhagat, R/o Vill.- Chargaha, Bel Bagh, P.S.- Bettiah Muffasil, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 08-10-2018 Heard learned counsels for the petitioner and the learned APP for the State.

The petitioner is in custody in connection with Bettiah Town P.S.Case No.285 of 2016 registered for an offence under Section 387 of the IPC and Section 3/4 of Explosive Substance Act.

It has been submitted that the petitioner is neither named in the FIR nor any incriminating material has been recovered from him. His name appeared in the confessional statement of co-accused Kunal Thakur and some other co-accused. Except confession of co-accused, there is nothing against the petitioner. Petitioner is in custody since 21.12.2017. The other co-

Patna High Court Cr.Misc. No.59043 of 2018 (2) dt.08-10-2018 2/2 accuseds Sanjeev Kumar Patel @ Sanjeev Patel and Sonu Patel have been granted bail by a coordinate Benches of this Court in Cr.Misc.No.45855 of 2018 and Cr.Misc.No.25338 of 2018. The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for bail is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of CJM, Bettiah, West Champaran in connection with Bettiah Town P.S.Case No.285 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 themselves available as and when required by the court and on the event of failure on his part to 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.

(Sanjay Kumar, J) B.Kr./- U T