Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30742 of 2017 Arising Out of PS.Case No. -61 Year- 2016 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Kunal Kumar S/o- Mantun Kumar Singh Resident of Barauni Flag, P.S.- Teghra, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2017 This application is for grant of regular bail in connection with Rosera P.S. Case No. 61 of 2016 registered for the offences under sections 379 of 411 of the Indian Penal Code. Petitioner is not named in the FIR and his name transpired on the basis of confessional statement. Submission of the learned counsel for the petitioner is that earlier to the filing of this case, the father of the petitioner has lodged a case against the Sub-Inspector of Teghra Police Station and in that case stricture has been passed against that Police Officer by the Court below, which is Annexure-3 to this application, due to that he has been made accused in large number of cases, including the present case furthermore he is custody in connection with this case for last 15 months. Heard learned Additional Public Prosecutor also.

Patna High Court Cr.Misc. No.30742 of 2017 (2) dt.13-07-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, this application is allowed. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rosera in connection with Rosera P.S. Case No. 61 of 2016, subject to the 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 cooperate 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 rhyme or reasons, the prosecution will have liberty to move for cancellation of his bail.

(Vinod Kumar Sinha, J) Mahesh/- U T