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Patna High CourtCR. MISC./33594/2018bail granted

Kail Bind v. The State Of Bihar

2018-09-27Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29752 of 2018 Arising Out of PS. Case No.-294 Year-2017 Thana- DULHIN BAZAR District- Patna ====================================================== Kamlesh Bind, Son of Sohan Bind, Resident of Village- Jhabbuchak, P.S.- Dulhin Bazar, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 33594 of 2018 Arising Out of PS. Case No.-294 Year-2017 Thana- DULHIN BAZAR District- Patna ====================================================== Kail Bind S/o Late Sipahi Bind, R/o Vill.- Jhabuchak, P.S.- Dulhin Bazar, District- Patna.

... ... Petitioner/s

Versus

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

(In Criminal Miscellaneous No. 29752 of 2018) For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Mr. Sri Ajay Kumar -2 (In Criminal Miscellaneous No. 33594 of 2018) For the Petitioner/s :

Mr. Ashok Kumar Sinha For the Opposite Party/s :

Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2018 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners seeks bail in Sessions Trial No. 213 of 2018 arising out of Dulhin Bazar P.S. Case No. 294 of 2017 registered for the offence punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.29752 of 2018(9) dt.27-09-2018 2/3 Allegation against the petitioners is of concealing the dead body of victim after being killed.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case by police. It has been submitted that the chargesheet has been filed. Petitioners have got no criminal antecedent and are in custody since 07.12.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned ADJ-VI/A.S.J-VI Danapur, in connection with Sessions Trial No. 213 of 2018 arising out of Dulhin Bazar P.S. Case No. 294 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bond.

(3) If the petitioners tampers with the

Patna High Court Cr.Misc. No.29752 of 2018(9) dt.27-09-2018 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) ranjan/- U