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Patna High CourtCR. MISC./31745/2017bail granted

Amit Kumar v. The State Of Bihar

2017-07-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31745 of 2017 Arising Out of PS.Case No. -825 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Amit Kumar, son of Pramod Kumar Singh, the resident of VillageVolsar, P.S.- Rashalpur (Kahalgaon), District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kotwali (Barari) P.S.Case No.825 of 2014 registered for offences punishable under Sections 467, 468, 368, 469, 471 & 420/34 of the Indian Penal Code.

Allegation as per F.I.R. is that some accused persons were withdrawing money from the account of another person, on which some other co-accused persons have been arrested and they confessed their guilt and also took name of this petitioner. Submission of the learned counsel for the petitioner is that except the confessional there is nothing against him and he is in custody for about five months. The main accused, who has been arrested on the spot, has already been granted bail, vide order

Patna High Court Cr.Misc. No.31745 of 2017 (2) dt.14-07-2017 2/2 dated 14.08.2015 passed in Cr. Misc. No.31802 of 2015. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Bhagalpur in connection with Kotwali (Barari) P.S.Case No.825 of 2014.

With 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 co-operate 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 reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U