Vipul Kumar @ Bipul Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.63159 of 2017 (3) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63159 of 2017 Arising Out of PS.Case No. -266 Year- 2016 Thana -NAUBATPUR District- PATNA ====================================================== Vipul Kumar @ Bipul Kumar S/o Late Satyendra Singh R/O Motipur, P.S.- Naubatpur, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi, Advocate For the Opposite Party/s : Mr. Sri Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

It is submitted on behalf of the petitioner that his case for bail may be considered maintaining parity with the case of one Satrughan Kumar who is similarly situated as the petitioner. Other than the confession of one Chandan Kumar, there is no other direct material connecting the petitioner with the crime. It is also submitted that though there are other cases pending against him which he disclosed in Para 3 of the bail application but he is on bail in all the said case. The said Satrughan Kumar has been allowed bail in Cr. Misc. No. 39926 of 2017 and charge sheet has also been submitted in this case. The petitioner is in custody since

Patna High Court Cr.Misc. No.63159 of 2017 (3) dt.17-02-2018 31.08.2017.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, II, Danapur, Patna in Naubatpur P.S. Case No. 266 of 2016 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U