Keshave Kumar @ Keshab Kumar @ Keshav Kumar @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32326 of 2018 Arising Out of PS.Case No. -94 Year- 2018 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Keshave Kumar @ Keshab Kumar @ Keshav Kumar @ Abhishek Kumar, S/o Umesh Prasad Singh, R/o Vill.- Vasant Vihar, Nirala Nagar, P.S.- Nagar, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ravindra Kumar, Advocate. For the Opposite Party : Smt. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 15.02.2018 in connection with Begusarai Town P.S. Case No. 94 of 2018 registered for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the name of the petitioner has surfaced in connection with the present case only on the basis of confessional statement made before the police by one Avnish Kumar who has stated that the petitioner was also participated in the occurrence alongwith them. It is further submitted that apart from the said confession, there is no other

Patna High Court Cr.Misc. No.32326 of 2018 (3) dt.29-06-2018 2/3 material against the petitioner.

Learned counsel appearing on behalf of the State after perusal of the case diary which has been earlier called for, submits that it is the confession which indicated that the petitioner had also participated in the crime but apart from the said confession, there is no other material in the case diary.

Having taken into consideration all facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with Town P.S. Case No. 94 of 2018, subject to the following conditions:

(1) One of the bailors will be his father.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be

Patna High Court Cr.Misc. No.32326 of 2018 (3) dt.29-06-2018 3/3 cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

U.K./- (Anjana Mishra, J) U T