Patna High CourtCR. MISC./66419/2018bail granted

Ayush Kumar @ Chotu Kumar @ Chotu Kumar Yadav v. The State Of Bihar

2018-11-26Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66419 of 2018 Arising Out of PS.Case No. -130 Year- 2018 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== AYUSH KUMAR @ CHOTU KUMAR @ CHOTU KUMAR YADAV Son of Sadanand yadav @ Sadhu Yadav Resident of Baghmara,P.S. K.Nagar,Distt.-Punrea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with K. Nagar P.S. Case No.130 of 2018 registered for the offence punishable under Sections 380, 411, 414/34 of the Indian Penal Code. Allegation against the petitioner is that on confessional statement stolen motorcycle was recovered from the possession of co-accused which is being disputed by the petitioner. Counsel for the petitioner states that after recovery of stolen motorcycle, he has been implicated in this case. He has been falsely implicated in this case only on the basis of confessional statement made by co-accused. Petitioner has no criminal antecedent and languishing in custody since 27.04.2018.

Patna High Court Cr.Misc. No.66419 of 2018 (3) dt.26-11-2018 2/2 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 C.J.M., Purnea in connection with K. Nagar P.S. Case No.130 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 present on each and every date fixed by the Court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Sanjeev/- U T