Banti Kumar @ Avinash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18971 of 2017 Arising Out of PS.Case No. -495 Year- 2016 Thana -DANAPUR District- PATNA ======================================================

1. Banti Kumar @ Avinash S/o Mahesh Keshari, R/o-Mubarakpur, P.S.- Shahpur, District-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with B.P.No.195 of 2017 in connection with Danapur P.S.Case No.495 of 2016, registered for offences punishable under Sections 302/120(B) of the Indian Penal Code and Section 27 of the Act. The petitioner is not named in the F.I.R. though the specific allegation is against the other accused persons. It is submitted on behalf of the petitioner that name of the petitioner transpired in the confessional statement of the coaccused and except that there is nothing against the petitioner. He has no criminal antecedent and remained in custody for about five months and the other co-accused persons named in the F.I.R. have been granted bail by this Court, vide order dated 24.4.2017 passed

Patna High Court Cr.Misc. No.18971 of 2017 (2) dt.03-05-2017 2/2 in Cr. Misc. No.12307 of 2017.

Heard learned A.P.P. also, who could not controvert the submissions of the learned counsel for the petitioner. Having heard both sides and in view of facts and circumstances as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Danapur in connection with Danapur P.S.Case No.495 of 2016.

With 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 co-operate 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.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U