Lokesh Kumar @ Babul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1333 of 2019 Arising Out of PS. Case No.-63 Year-2018 Thana- AIRPORT District- Patna ====================================================== Lokesh Kumar @ Babul Son of Sri Baijnath Singh, a resident of VillageShahpur, P.S. - Shahpur, District- Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Mouar For the Opposite Party/s :
Mr.Sri Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Hawai Adda P.S. Case No. 63/2018 registered for the offence punishable under Sections 307, 427 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
Informant has alleged that two unknown culprits entered into his restaurant and asked about the whereabouts of Kamran and, thereafter, again came and fired twice in the restaurant causing damage to fridge and wall. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on the basis of his self-confession and except said confessional statement, there is no any other incriminating material against the petitioner. Petitioner is in custody since 09.08.2018.
Patna High Court Cr.Misc. No.1333 of 2019(2) dt.16-01-2019 2/2 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 J.M. First Class at Patna in connection with Hawai Adda P.S. Case No. 63/2018, 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