Nemani Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4314 of 2017 Arising Out of PS.Case No. -204 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Nemani Sah, Son of Late Nakul Sah, Resident of Village- Rampur, P.S.- Shivnarayanpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 The petitioner seeks regular bail in connection with Kahalgaon (Rasalpur) P.S. Case No. 204/2016, registered for offences punishable under Sections 363/365 of the Indian Penal Code and later on added Sections 364, 302, 201 and 120B of the Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner's name has surfaced in this case only on the basis of confessional statement of co-accused and except that there is nothing against him and he has been in judicial custody since 02.07.2016.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that petitioner's name transpired on this case only on the basis of confessional statement of co-accused and except that there is nothing against the petitioner, let the petitioner above named, be

Patna High Court Cr.Misc. No.4314 of 2017 (2) dt.14-02-2017 2/2 released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in Kahalgaon, in connection with Kahalgaon (Rasalpur) P.S. Case No. 204 of 2016, subject to the 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 himself 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.

(Vinod Kumar Sinha, J) sunil/- U