Kuber Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61680 of 2017 Arising Out of PS.Case No. -316 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ====================================================== Kuber Kumar, Son of Ram Chandra Yadav, resident of VillageChuramanpur, Police Station- Rahui, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Sheikhpura (Kusumbha) P.S. Case No. 316 of 2017 registered for the offence punishable under Section 395 of the Indian Penal Code.

The allegation is regarding unknown accused persons blind folding the driver of the tractor and thereafter kidnapping him.

The learned counsel for the petitioner submits that the petitioner is innocent and the tractor has been recovered from one co-accused person namely Kaushal Yadav and no recovery has been effected from the house of the petitioner herein. It is further submitted that the petitioner has a clean antecedent. This Court had called for the case diary and upon perusal of the same, it transpires that the victim driver has not

Patna High Court Cr.Misc. No.61680 of 2017 (2) dt.05-01-2018 2/2 disclosed the name of any accused person and more over no T.I. Parade has been held till date.

Considering the facts and circumstances of the case as also the fact that neither the petitioner has been named by the victim driver nor any recovery has been effected from his premises, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura (Kusumbha) P.S. Case No. 316 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is directed that the petitioner would cooperate and join the investigation and in case the Prosecution finds that the petitioner is not cooperating in the investigation, they would be at liberty to move this Court for cancellation of bail of the petitioner. (Mohit Kumar Shah, J) S.Sb/- U T