Gunjan Kumar Bhardwaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68573 of 2019 Arising Out of PS. Case No.-457 Year-2018 Thana- BIHPUR District- Bhagalpur ====================================================== GUNJAN KUMAR BHARDWAZ Son of Mukesh Kumar Resident of Village-Sonbarsa (Barghari Tola), P.S-Bihpur, District-Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Jha, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner in the present case is seeking regular bail in connection with Bihpur (Jhandapur) P.S. Case No. 457/2018 registered under Sections 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case as there is no identification of this petitioner in the present case and there is no eye witness of the alleged occurrence and he is in custody since 05.02.2019.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the

Patna High Court CR. MISC. No.68573 of 2019(2) dt.04-12-2019 2/3 case wherein it is the case of the petitioner that there is no identification of this petitioner in the present case, there is no eye witness and he is in custody since 05.02.2019 and charge-sheet has already been submitted against him and charges have been framed but no prosecution witnesses have been examined till date, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Naugachia, in connection with Bihpur (Jhandapur) P.S. Case No. 457/2018, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police

Patna High Court CR. MISC. No.68573 of 2019(2) dt.04-12-2019 3/3 Officer or tamper with the evidence.

Further condition that petitioner shall present himself in course of trial on the date fixed in the matter and in case of two consecutive defaults in putting appearance, the trial court shall cancel the bail bond of the petitioner. (Rajeev Ranjan Prasad, J) Rajeev/- U T