Vimlesh Kumar @ Bimlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76142 of 2018 Arising Out of PS. Case No.-89 Year-2018 Thana- CHANDRADIP District- Jamui ====================================================== VIMLESH KUMAR @ BIMLESH YADAV Son of Manohar Yadav @ Ram Manohar Yadav Resident of Village-Belkhunda, P.S. Dhamaul, District Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Chandradeep P.S. Case No. 89 of 2018 registered for the offence punishable under Sections 302, 307, 353 and 279 of the Indian Penal Code, under Section 40(iv) of B.M.M. Act and under Section 40 of the Forest Act. Informant who is a police officer has alleged in his written report that when he along with other police personnel was on vehicle checking they intercepted a truck loaded with bolders and when it was being taken to the police station said truck met with an accident in the way and the driver and helper were injured and one police personnel, namely, Nand Kishore Singh died.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.76142 of 2018(2) dt.20-12-2018 2/2 he is innocent and has been falsely implicated in this case. It has been submitted on behalf of the petitioner that the truck was driven by a police personnel and not by the petitioner. Petitioner has got no criminal antecedent and is in custody since 24.09.2018.

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 A.C.J.M., Jamui in connection with Chandradeep P.S. Case No. 89 of 2018 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 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) ranjan/manojU T