Mritunjay Prakash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5750 of 2017 Arising Out of PS.Case No. -384 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD ======================================================
1. Mritunjay Prakash Son of Ram Prakash Sharma Resident of Village Lodikpur, P.S. Hulasganj, District- Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 The petitioner seeks regular bail in connection with Makhdumpur P.S. Case No. 384/015, registered for offences punishable under Section 342, 323 ,504, 506 and 392/34of the Indian Penal Code.
It has been submitted on behalf of the petitioner that petitioner's name has surfaced in this case only on the basis of confessional statement of co-accused and except that there is nothing against him and also the said confessional statement came after a lapse of one year and the petitioner has been in judicial custody since 27.12.2016. As regards other criminal antecedents of the petitioner is concerned, he has been made accused in all those cases on the confessional statements of co-accused persons of those cases.
Heard learned A.P.P. also.
Having heard both sides, in view of the fact that no doubt petitioner is accused in as many as six other cases, however
Patna High Court Cr.Misc. No.5750 of 2017 (2) dt.15-02-2017 2/2 in the present case save and except confessional statement of coaccused, there is nothing against this petitioner, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Jehanabad, in connection with Makhdumpur P.S. Case No. 384/015, 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 prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/- U