Patna High CourtCR. MISC./43485/2016bail granted

Anil Kumar v. The State Of Bihar

2016-10-18Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43485 of 2016 Arising Out of PS.Case No. -345 Year- 2016 Thana -DANAPUR District- PATNA ====================================================== Anil Kumar, Son of Premdhar Rai, Resident of Mohalla- Mithila Colony, P.S.- Danapur, District- Patna .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 24.08.2016 in connection with Danapur P.S. Case No. 345 of 2016 for the offences alleged under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated as he is not named in the first information report and his name surfaced only on the confessional statement of Ajay Kumar @ Balai Gope. Even according to such extrajudicial confessional statement, no role has been assigned to the petitioner to attract the ingredients of the alleged offence. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur in connection with Danapur P.S. Case No. 345 of 2016 with the following conditions:

Patna High Court Cr.Misc. No.43485 of 2016 (2) dt.18-10-2016 2/2 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Chandran U T