Sachin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18930 of 2017 Arising Out of PS.Case No. -121 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sachin Kumar, son of Saket Bihari Singh, resident of Village- Ajagari, P.S.- Pakridyal, District- East Champaran.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur with Mr. Pravin Kumar, Advocates For the Opposite Party/s : Mr. Abhimanyu Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Pakridayal P.S.Case No. 121 of 2016 registered for the offences punishable under Sections 147, 148, 149, 302, 307, 120B/34 of the Indian Penal Code and 27 of the Arms Act.
Petitioner is not named in the FIR and it appears that during course of investigation his name transpires. It has been submitted on behalf of the petitioner that in the FIR large number of persons have been made accused and specific allegation has been made against them and name of petitioner transpires on the basis of confessional statement of coaccused and other co-accused having similar allegation have been
Patna High Court Cr.Misc. No.18930 of 2017 (2) dt.26-04-2017 2/3 granted bail by this Court in Cr.Misc.No. 4117 of 2017 and Cr.Misc.No. 4235 of 2017, vide orders dated 10.4.2017 and 18.4.2017 respectively and petitioner is in custody since 21.1.2017.
Heard learned APP also, who has opposed the prayer for bail stating that four persons have been murdered in this case. However, he could not point out any specific allegation against the petitioner and could not controvert the fact that name of the petitioner transpires on the basis of confessional statement of coaccused. Having heard both sides and considering the aforesaid facts and circumstances and also considering the fact that similarly situated co-accused have been granted bail, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, East Champaran, Motihari, in connection with Pakridayal P.S.Case No. 121 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.
Patna High Court Cr.Misc. No.18930 of 2017 (2) dt.26-04-2017 3/3 (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 reason, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) spal/- U