Sunil Kumar @ Sunil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41570 of 2017 Arising Out of PS.Case No. -158 Year- 2017 Thana -TRIVENIGANJ District- SUPAUL ======================================================

1. Sunil Kumar @ Sunil Kumar Yadav son of Lutan Kumar Yadav, Resident of Village- Barharwa, Police Station- Triveniganj, DistrictSupaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-09-2017 The petitioner seeks regular bail in connection with Triveniganj P.S. Case No. 158 of 2017, registered for offences punishable under Section 379 of the Indian Penal Code. Allegation against the petitioner is of committing theft in the shop of the informant.

It has been submitted on behalf of the petitioner that petitioner is not named in the F.I.R, he has been made accused in the case during the course of investigation on his own confessional statement, however, the said confession has no evidentiary value in the eye of law. Further nothing has been recovered from the possession of the petitioner and he has no criminal antecedent and has been in judicial custody since 25.05.2017. Learned counsel for the State opposed the prayer for bail

and submitted that the impugned order shows that petitioner was identified in CCTV footage.

Having heard both sides, in view of the facts and circumstances of the case and also in view of the fact that petitioner has no criminal antecedent and has remained in judicial custody for more than three months, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-I, Supaul, in connection with Triveniganj P.S. Case No. 158 of 2017, subject to the 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 cooperate 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.

(Vinod Kumar Sinha, J) sunil/- U T