Patna High CourtCR. MISC./6067/2018bail granted

Deepak Kumar v. The State Of Bihar

2018-04-04Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6067 of 2018 Arising Out of PS.Case No. -49 Year- 2017 Thana -BIHTA District- PATNA ====================================================== Deepak Kumar, S/o Baban Upadhyay, Resident of Village- Manaini, P.S.- Charpokhari, District- Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party: Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 06.02.2017, has renewed his prayer for bail in connection with Bihta P.S. Case No. 49 of 2017 having earlier been rejected by order dated 19.08.2017 in Criminal Miscellaneous No. 30374 of 2017.

3. It is submitted that the petitioner has been falsely implicated and in any event, the petitioner has already suffered more than one year in custody.

4. Having regard to the entirety of the facts and circumstances of the case as well as period of custody of the petitioner above named, let him be released on bail on furnishing on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., Danapur in connection with Bihta P.S. Case No. 49 of 2017 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

Patna High Court Cr.Misc. No.6067 of 2018 (2) dt.04-04-2018 2/2 (iii) That 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 reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T