Sundar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38869 of 2016 Arising Out of PS.Case No. -73 Year- 2016 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Sundar Kumar, Son of Subodh Kumar, Resident of village- Tulsipur, P.S. Kharika, District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is not named in the first information report but in course of investigation, it came to light that he managed to keep the vehicle used in committing the present crime in the house of his cousin brother, which is evident from perusal of para -29 of the case diary. Furthermore, at para-106 of the case diary, the confessional statement of co-accused was recorded and the aforesaid co-accused has also stated that petitioner was given task to manage for hiding the vehicle used in the alleged crime after commission of the occurrence.

Learned counsel for the petitioner submits that except the aforesaid material, there is nothing against the petitioner, who

Patna High Court Cr.Misc. No.38869 of 2016 (3) dt.17-11-2016 2/2 does not have any criminal antecedent. Moreover, co-accused Dilip Singh and Shubham Kumar Singh have already been granted privilege of bail by a co-ordinate Bench of this Court and the case of the petitioner is on better footing to that of aforesaid co-accused persons.

Considering the aforesaid facts and circumstances as well as submissions of the parties, and also taking note of this fact that petitioner is in jail custody since 19.03.2016, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, Naugachia, Bhagalpur in connection with Bihpur ( Jhandapur) P.S.Case No. 73 of 2016, Session trial no.485 of 2016.

(Hemant Kumar Srivastava, J) N.K/- U T