Anuj Kumar @ Anuj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80052 of 2018 Arising Out of PS. Case No.-14 Year-2018 Thana- SILAO District- Nalanda ====================================================== Anuj Kumar @ Anuj Singh S/o Nagendra Singh, r/o Sukhanandanchak, P.S. Jehanabad, District Jehanabad. At present resident of village Tandari, P.S. Pipalchauki, District Ludhiyana (Panjab).
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ganesh Sharma For the Opposite Party/s :
Mr.Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Silao P.S. Case No. 14 of 2018 registered for the offence punishable under Section 395 of the Indian Penal Code.
Informant has alleged that some miscreants entered into the corn shop armed with deadly weapons and took away key of godrej on gun point and looted Rs. 6,50,000/- and mobile of Babloo Kumar and Binod Kushwaha.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on the basis of confessional statement made by one Mukesh Sharma
Patna High Court Cr.Misc. No.80052 of 2018(2) dt.09-01-2019 2/3 and Sajan Singh. It has been further submitted that nothing was recovered from the possession of the petitioner and co-accused Sajan Kumar Singh has been granted bail by the court below itself and his case stands on similar footing. Petitioner is accused in one more case as stated in paragraph no. 3 of the petition. Petitioner is in custody since 04.04.2018. 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 7th Additional Sessions Judge, Nalanda at Biharsharif, in connection with S.T. No. 512 of 2018 arising out of Silao P.S. Case No. 14 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,
Patna High Court Cr.Misc. No.80052 of 2018(2) dt.09-01-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) ranjan/- U