Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62442 of 2017 Arising Out of PS.Case No. -229 Year- 2017 Thana -MASAURHI District- PATNA ======================================================

1. Abhay Kumar son of Late Nandlal Prasad resident of Vijaypura, P.S. Dhanarua, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satyabir Bharti For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2018 Heard the parties.

The petitioner seeks regular bail in Masaurhi P.S. Case No. 229 of 2017 registered for the offence under Sections 302 and 201of the I.P.C.

Petitioner is not named in the F.I.R. It appears that later on his name transpired on the basis of confessional statement of co-accused Lalan Prasad.

Submission of the learned counsel for the petitioner is that there is no incriminating circumstance against the petitioner, except confessional statement. He is in custody since 26.06.2017. 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

Patna High Court Cr.Misc. No.62442 of 2017 (2) dt.11-01-2018 2/2 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., Patna in Masaurhi P.S. Case No. 229 of 2017, subject to the conditions that (1) one of the bailors must be local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The petitioner will not induce any witness or tamper with the evidence. (3) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure 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 bond.

(Vinod Kumar Sinha, J) AnilKrSinha/- U