Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72320 of 2018 Arising Out of PS. Case No.-205 Year-2016 Thana- SHEOHAR District- Sheohar ====================================================== Gautam Kumar, Son of Krishna Raut, Resident of Village- Khairwa Darp, P.S.- Sheohar, District- Sheohar.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh For the Opposite Party/s :
Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Sheohar P.S. Case No.205 of 2016 registered for the offence punishable under Sections 399, 402, 120(B) of the Indian Penal Code.
Informant is a police officer who in his written report has stated that after receiving confidential information that in a orchard some miscreants were making a plan for committing some offence, he along with armed forces reached near the orchard and after seeing the police party, the miscreants started to flee away but two accused persons were apprehended and they were having knife and one motorcycle without any valid paper. They disclosed the name of the petitioner who had managed to flee away.
It has been submitted on behalf of the petitioner that he
Patna High Court Cr.Misc. No.72320 of 2018(3) dt.20-12-2018 2/3 was not arrested on the spot and his name has surfaced in this case on the confessional statement made by the apprehended persons and except the said confessional statement, no any other incriminating article has been recovered from his possession. Petitioner is in custody since 28.08.2018. Similarly placed coaccused Shambhu Sah has already been granted bail by a coordinate bench of this court vide order dated 26.10.2018 passed Criminal Misc. No. 64560 of 2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No.205 of 2016, with following conditions:- (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 the Court and his 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
Patna High Court Cr.Misc. No.72320 of 2018(3) dt.20-12-2018 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
Sanjay/- (S. Kumar, J) U T