Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78255 of 2018 Arising Out of PS. Case No.-84 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== Guddu Kumar Son of Chandradev Mahton Resident of Village- Singhara Buzurg P.S- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Patepur P.S. Case No. 84 of 2018 registered for the offence punishable under Section 395 the Indian Penal Code.

Informant has alleged that while he was returning home on motorcycle, eight accused persons surrounded him and snatched away cash of Rs.42,000/-, motorcycle, A.T.M. Card, Driving Licence and Adhar Card etc. from him. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner was never put on T.I.P. and nothing was recovered from his possession. Petitioner is in custody since 17.07.2018. Similarly placed co-accused Deepak Kumar has already been granted bail by a co-ordinate Bench of this Court vide order

Patna High Court Cr.Misc. No.78255 of 2018(2) dt.16-01-2019 2/2 dated 18.12.2018 passed in Cr. Misc. No.75975 of 2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM- 10, Vaishali at Hazipur in connection with Patepur P.S. Case No. 84 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T