Prem Kumar @ Prem Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26923 of 2018 Arising Out of PS. Case No.-547 Year-2017 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Prem Kumar @ Prem Sah, S/o Shivji @ Vishwanath Sah @ Shivji Prasad Gupta, R/o Vill.- Paigambarpur Koluha, Adarsh Gram Road No.- 3, P.S.- Ahiyapur, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :
Mr. Kanhaiya Kishore (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Kanti P.S Case No. 547 of 2017 registered for the offences punishable under Sections 392 & 394 of the Indian Penal Code. Allegedly, four persons on two motorcycles intercepted the informant on the point of pistol and after inflicting injury to him, snatched his wallet, mobile, and further other person named in the F.I.R. also informed that they have also been robbed. During investigation, co-accused Vijay Kumar @ Nanhaki confessed his guilt has stated the name of the petitioner also. Submission is of false implication and that the petitioner is not named in the F.I.R nor any incriminating article has been recovered from his possession, he has not been put
Patna High Court Cr.Misc. No.26923 of 2018(3) dt.17-05-2018 2/2 on T.I.P. and except coercive confession of the co-accused there is no other material against him. The petitioner has already been granted bail in connection with Kanti P.S. Case No. 551 of 2017 and, as such, he deserves sympathetic consideration as he is in custody since 29.01.2018 Learned A.P.P. submits that co-accused Vijay Kumar @ Nanhaki confessing his guilt has stated the name of petitioner also regarding his involvement also in the crime. In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., West Muzaffarpur, in connection with Kanti P.S. Case No.
547 of 2017, 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.)