Bittu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35264 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -BAIKUNTHPUR District- GOPALGANJ ====================================================== Bittu Kumar Singh Son of Raj Kishore Singh, R/o Village- Dharmabadi, P.S.- Baikunthpur, District- Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Naresh Chandra Verma, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 11.02.2017 in connection with Baikunthpur P.S. Case No. 28 of 2017 for the offences alleged under Sections 413, 414 and 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of Samsung Mobile and Hero Honda C.D. Deluxe Motorcycle said to be looted property. It is submitted that there is no claimant for the said goods to corroborate the allegation that these are stolen goods. Other coaccused Prince Kumar and Sonu Kumar have been granted bail by the learned Additional Sessions Judge, Gopalganj. Petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the

Patna High Court Cr.Misc. No.35264 of 2017 (4) dt.19-09-2017 satisfaction of learned Additional Chief Judicial Magistrate-III, Gopalganj, in connection with Baikunthpur P.S. Case No. 28 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/Chandran U T