Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25469 of 2018 Arising Out of PS.Case No. -310 Year- 2017 Thana -SULTANGANJ District- BHAGALPUR ======================================================

1. Kishan Kumar S/o Late Puran Paswan, R/o Vill./Mohalla- Q. No. 268F, Rampur Colony, Jamalpur, P.S.- Jamalpur, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-05-2018 Heard the parties.

The petitioner seeks regular bail in connection with Sultanganj P.S. Case No. 310 of 2017 for the offences punishable under Section(s) 363, 365 of the Indian Penal Code. The case of the prosecution as per written report of the informant is that her brother, namely, Vibash Kumar had gone to the Jamalpur SBI Bank and thereafter he became traceless and did not return.

The learned counsel for the petitioner submits that the entire case diary would show that no material whatsoever has ben collected by the investigating agency so as to find any complexity of the petitioner in the present case. It is further submitted that the petitioner has a clean antecedent and is languishing in custody

Patna High Court Cr.Misc. No.25469 of 2018 (3) dt.29-05-2018 2/2 since 09.10.2017.

Learned counsel for the petitioner further submits that apart from the fact victim is traceless, there is no material against the petitioner to connect him with the alleged crime. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bhagalpur, in connection with Sultanganj P.S. Case No. 310 of 2017.

It is further directed that the petitioner shall mark his attendance before the concerned police station on every Monday of the week at 10 A.M., till the stage of framing of the charge by the learned Trial Court and co-operate in the investigation. The failure of the petitioner to mark attendance, as aforesaid, before the concerned police station on two consecutive dates would render the present order void.

(Mohit Kumar Shah, J) Sanjeev/- U T