Patna High CourtCR. MISC./6555/2017bail granted

Amar Kumar v. The State Of Bihar

2017-02-22Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.6555 of 2017 (2) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6555 of 2017 Arising Out of PS.Case No. -281 Year- 2016 Thana -SHRIKRISHNAPURI District- PATNA ====================================================== Amar Kumar, aged about 20 years, son of Uday Yadav, resident of - Golghar Chauraha, P.S. Gandhi Maida, Dist- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Satrudhan Kumar,Adv For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 11.11.2016 in connection with Sri Krishna Puri P.S. Case No. 281 of 2016 for the offences alleged under Sections 364/395 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and even according to the allegations, the offences under Sections 364 and 395 of the India Penal Code are not specifically made out against the petitioner and the same are general and omnibus in nature. Statement is made at the Bar that the petitioner has been granted bail in the two other cases in which he has been made accused. The petitioner has not been put on Test Identification Parade for his identification nor any recovery has been made from the possession of the petitioner.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be

Patna High Court Cr.Misc. No.6555 of 2017 (2) dt.22-02-2017 released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Sri Praveen Kumar Singh, learned Judicial Magistrate 1st Class, Patna, in connection with Sri Krishnapuri P.S. Case No. 281 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/Chandran U T