Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46243 of 2017 Arising Out of PS.Case No. -158 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ====================================================== Roushan Kumar, son of Sri Shankar Chaudhary, r/o Gandhi Path, P.S. and Distt. Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar, Advocate. For the Opposite Party/s : Mr. Narendra Kumar Singh, a. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Saur Bazar P.S. Case No. 158 of 2017, registered for the offences punishable under Section 392 of the Indian Penal Code. It has been submitted on behalf of the petitioner that he is not named in the First Information Report. During investigation, the name of the petitioner has transpired. It has further been submitted that petitioner has been falsely implicated in this case only on the basis of confessional statement of coaccused Pramod Kumar and others and on that confession he has been arrested in the present case. The petitioner is accused in four other cases but he is on bail in one of them. The petitioner is in custody since 15.06.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.46243 of 2017 (2) dt.19-09-2017 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, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saur Bazar P.S. Case No. 158 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 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.

(iii) The petitioner will appear in the police

Patna High Court Cr.Misc. No.46243 of 2017 (2) dt.19-09-2017 3/3 station of his area on 1st week of every month for a period of one year so that police may watch the conduct of the petitioner.

(Vinod Kumar Sinha, J) S.Ali/- U T