Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72753 of 2018 Arising Out of PS. Case No.-201 Year-2018 Thana- AIRPORT District- Patna ====================================================== Kunal Kumar, S/o Bharat Prasad, R/v- Yarpur, Gogiyatola, P.S.- Gardanibagh, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Sri Madhuranand Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Hawai Adda P.S. Case No. 201 of 2018 registered for the offences punishable under Sections 379 and 34 of the Indian Penal Code.
Informant has alleged in his written complaint that he parked his Bolero vehicle under the fly over at Raja Bazar to purchase medicine and when he returned, he did not find the said vehicle. He further alleged that Kunal Kumar (petitioner) has stolen away his Bolero Jeep.
It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from his possession. He was not arrested on the spot. He has no criminal antecedent and he is in custody since 02.09.2018.
Patna High Court Cr.Misc. No.72753 of 2018(2) dt.11-12-2018 2/2 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Tanvir Kaur, learned J.M. 1st Class, Patna in connection with Hawai Adda P.S. Case No. 201 of 2018, subject to the condition:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/ManojU T