Krishan Kumar @ Kishan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19528 of 2018 Arising Out of PS.Case No. -317 Year- 2017 Thana -BIRAUL District- DARBHANGA ======================================================

1. Krishan Kumar @ Kishan Kumar S/o Ranjeet Yadav @ Ranjit Yadav R/o Village Nayatola Rautara, P.S. - Rautara, District - Katihar.

2. Anand Yadav S/o Gopi Yadav @ Gopal R/o Village- Nayatola Jurabganj, P.S.- Koadha, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Bharti , Adv. For the Opposite Party/s : Smt. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are in custody since 10.01.2018 in connection with Biraul P.S. Case No. 317 of 2017 on their remand for the offence registered under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that though there is no recovery from their possession and the petitioners are not named in the first information report yet on the basis of suspicion, they are being remanded in connection with the present case. It is further submitted that similarly situated co-accused persons have been extended the privilege of regular vide order

dated 05.04.2018 passed in Cr. Misc. NO. 14308 of 2013. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Benipur, Darbhanga in connection with Biraul P.S. Case No. 317 of 2017 corresponding to G.R. No. 623 of 2017, subject to the following conditions :-

(1) One of the bailors 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 his 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 available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U