Sharvan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26373 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -NTPC District- PATNA ======================================================

1. Sharvan Kumar Son of Mithlesh Mahto, Resident of Village- Raily Bind Toli, P.S.- N.T.P.C. District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2017 Learned counsel for the petitioner is permitted to make necessary correction in paragraph -13 of this petition. The petitioner seeks regular bail in connection with N.T.P.C. P.S. Case No. 09 of 2017, registered for offences punishable under Sections 353, 307, 504, 379, 411 and34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner has not been named in the F.I.R., his name transpired in the case during the case of investigation on the basis of confessional statement of co-accused and except that there is nothing against the petitioner and he has been in judicial custody since 28.03.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.26373 of 2017 (3) dt.22-06-2017 2/3 Having heard both sides, in view of the fact that petitioner's name transpired in this case only on the basis of confessional statement of co-accused and except that there is nothing against the petitioner and he has remained in judicial custody for more than two and half months, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Sub Judge-cumACJM, Barh, in connection with N.T.P.C. P.S. Case No. 09 of 2017, 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

Patna High Court Cr.Misc. No.26373 of 2017 (3) dt.22-06-2017 3/3 prosecution is free to move for cancellation of his bail.

It is also made clear that if the petitioner again found involved in any of such offence, in future, his bail bonds will be cancelled.

(Vinod Kumar Sinha, J) sunil/- U T