Kiran Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22723 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -PAROO District- MUZAFFARPUR ====================================================== Kiran Kumar S/o Bhervi Singh Resident of village - Pakari, P.S. Belsar (O.P.), District - Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Mr. Ashraf Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Paroo P.S. Case No. 26 of 2016 (G.R. No. 378 of 2016) registered for the offences punishable under Sections 414, 419, 420, 167, 468 and 471 of the Indian Penal Code.

Allegedly, acting on a tip off, raid was conducted and three persons were apprehended when they were trying to speed away with Apache motorcycle from S.B.I. ATM booth and on search from possession of the petitioner, one ATM of Punjab National Bank was recovered whereas from possession of other co-accused also some ATM cards were recovered. Submission is of false implication and that without any fault the petitioner is suffering in custody since 21.02.2016, he

Patna High Court Cr.Misc. No.22723 of 2016 (2) dt.26-05-2016 2/2 has been made victim of the circumstances, no one has stated that the petitioner cheated any one and as such, he deserves sympathetic consideration to which the learned APP opposes by submitting that the petitioner and other co-accused have confessed their guilt and further no paper was produced regarding recovery of the ATM card from the possession of the petitioner. In the facts and circumstances stated above, considering the detention of the petitioner, he is now directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Paroo P.S. Case No. 26 of 2016 (G.R. No.

378 of 2016), subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Mishra/- U T