Sachin Kumar @ Tuttu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23980 of 2018 Arising Out of PS.Case No. -631 Year- 2017 Thana -KANKARBAGH District- PATNA ====================================================== Sachin Kumar @ Tuttu, Son of Upendra Paswan, Resident of Village- Bairi, P.S.- Hulasganj, District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lilawati Singh, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody on his remand since 13.10.2017 in connection with Kankarbagh P.S. Case No.631 of 2017 registered for the offence under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner was earlier taken into custody on 25.8.2017 in connection with Hulasganj P.S. Case No.101 of 2017 and on the basis of the confessional statement made by one Deepak Kumar, he has also been remanded in connection with the present case. It is further submitted that the petitioner has been in custody since long and has not been placed on T.I. Parade. Considering the aforementioned facts and circumstances and that the confessional statement made before

Patna High Court Cr.Misc. No.23980 of 2018 (4) dt.15-05-2018 2/2 the police has no evidentiary value, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Madhvi Singh, Judicial Magistrate, 1st Class, Patna, in connection Kankarbagh P.S. Case No.631 of 2017, subject to the following conditions :

(1) One of the bailors will be his own relative, namely, 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) PNM U T