Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68465 of 2018 Arising Out of PS. Case No.-136 Year-2018 Thana- KOCHAS District- Rohtas ====================================================== Sunil Kumar, Son of Sri Virendra Singh Resident of Village-Jagdishpur, P.S. Natwar, District-Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad For the Opposite Party/s :

Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Kochas (Parasthua) P.S. Case No. 136 of 2018 registered for the offence punishable under Sections 399, 402, 411, 414 of the Indian Penal Code and 25 (1-b) a, 26, 35 of Arms Act.

Allegation against petitioner is that he was involved in planning of dacoity.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of petitioner. Petitioner has no concern either with the seized motorcycle or with the seized arms. It has been further submitted that similarly

Patna High Court Cr.Misc. No.68465 of 2018(2) dt.22-11-2018 2/2 placed co-accused, namely, Vicky Seth has been granted bail by this Hon'ble Court vide order dated 05.10.2018 passed in Cr. Misc. No. 53283 of 2018. Petitioner is in custody since 19.07.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Sasaram, Rohtas, in connection with Kochas (Parasthua) P.S. Case No. 136 of 2018 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T