Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77792 of 2018 Arising Out of PS. Case No.-50 Year-2017 Thana- BELCHHI District- Patna ====================================================== Deepak Kumar son of Vijay Kumar Prasad @ Vijay Prasad Resident of Santoshi Mata Ki Gali P.s.- Chowk, Distt. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Belchhi P.S. Case No. 50 of 2017 registered for the offence punishable under Sections 302/201 of the Indian Penal Code.

The prosecution case in brief is that the Informant who is Dafadar of Belchi P.S found a dead body lying in the Water Tank on 13.10.2017 at about 10:00 am and on the basis of information given by the Informant the present case has been lodged. FIR against unknown.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He is not named in the FIR. Name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Niraj Kumar. He is in custody since 31.01.2018.

Patna High Court Cr.Misc. No.77792 of 2018(3) dt.18-01-2019 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 Chief Judicial Magistrate, Barh, in connection with Belchhi P.S. Case No. 50 of 2017 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(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) ranjan/- U