Sudhir Kumar Das @ Sudhir Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29788 of 2017 Arising Out of PS.Case No. -63 Year- 2016 Thana -AURAI District- MUZAFFARPUR ====================================================== Sudhir Kumar Das @ Sudhir Das, S/o Deepnarayan Das @ Bambaiya, resident of Village- Madhopur, P.S.- Runnisaidpur, District- Sitamarhi. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Aurai P.S.Case No. 63 of 2016 registered for the offences punishable under Sections 385 and 387 of the Indian Penal Code. Petitioner is not named in the FIR and the case is of demand of extortion and name of the petitioner transpires in the confessional statement of co-accused.
It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and except confessional statement there is nothing against him. So far criminal antecedent is concerned, it has been submitted that he has been implicated in two other cases in December, 2016 and prior to that there was no case against him and he is in custody for three
Patna High Court Cr.Misc. No.29788 of 2017 (3) dt.25-07-2017 2/3 months.
Heard learned APP also, who has opposed the prayer for bail stating that in the confessional statement of co-accused he has stated about the petitioner that money was recovered from the petitioner and he has handed over the same to other co-accused, who has made confessional statement.
Having heard both sides and considering the aforesaid facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-cumSub Judge 4th, Muzaffarpur, in connection with Aurai P.S.Case No. 63 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate 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
Patna High Court Cr.Misc. No.29788 of 2017 (3) dt.25-07-2017 3/3 without showing any genuine reason, the prosecution is free to move for cancellation of his bail.
(iv) If active involvement of the petitioner is found in such type of cases in future, his bail bond shall be cancelled.
(Vinod Kumar Sinha, J) spal/- U