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Patna High CourtCR. MISC./66596/2019allowed

Sumit Kumar @ Golu v. The State Of Bihar

2019-12-04Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66596 of 2019 Arising Out of PS. Case No.-589 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Sumit Kumar @ Golu, aged about 19 years, Sex- Male, Son of Shakti Singh, Resident of Village- Ramdiri Nakkitola, Police Station- Matihani, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Muffasil P.S. Case No. 589 of 2018 registered for the offence punishable under Sections 395 of the Indian Penal Code.

The F.I.R. has been registered on the basis of written information report of one Purshotum Kumar Malakar agaisnt five unknown offenders under Section 395 of the I.P.C. Learned counsel for the petitioner submits that the petitioner was remanded in this case on the basis of confessional statement of co-accused Sanjeev Kumar. Except this, there is nothing against the petitioner. He further submits that no direct allegation against the petitioner, referred para of the case diary

Patna High Court CR. MISC. No.66596 of 2019(3) dt.04-12-2019 2/3 nor any recovery has been made from the possession of alleged articles and no T.I.Parade was done against the petitioner. Petitioner is in jail custody since 22.05.2019. Charge sheet has been submitted against the petitioner and there is no allegation to tamper with the witnesses.

In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. Case No. 589 of 2018, subject to the following conditions :

(1) One of the bairlors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself

Patna High Court CR. MISC. No.66596 of 2019(3) dt.04-12-2019 3/3 available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) Nasimul/- U T