Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21973 of 2017 Arising Out of PS.Case No. -47 Year- 2016 Thana -SONPUR RAIL P.S. District- SARAN ======================================================

1. Sanjay Kumar Son of Suresh Paswan resident of Village- Dighi Kala Paschmi, P.S. Hajipur Sadar, District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Rail Sonepur (Hajipur) P.S.Case No.47 of 2016 registered for offences punishable under Sections 341, 323, 379/34 and411 of the Indian Penal Code.

The petitioner is not named in the F.I.R. and during the course of investigation of the case, he has been made accused in this case.

It is submitted on behalf of the petitioner that except confessional statement, there is nothing against the petitioner and now he has remained in custody for about eight months. It is further submitted that the petitioner is accused in three other cases also but in all those case, he is not been named and he has been remanded in the present case from those cases. Heard learned A.P.P. also, who has opposed the prayer for

Patna High Court Cr.Misc. No.21973 of 2017 (2) dt.11-05-2017 2/2 bail.

Having heard both sides and in view of the fact that there is nothing against the petitioner except the confessional statement and considering the fact that he has criminal antecedent but he is in custody for about eight months and there is nothing against him, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., (Railway) Sonepur, Saran in connection with Rail Sonepur (Hajipur) P.S.Case No.47 of 2016 dated 21.06.2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate 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 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U