← Library
Patna High CourtCR. MISC./49347/2018bail granted

Upendra Kumar v. The State Of Bihar

2018-10-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49347 of 2018 Arising Out of PS.Case No. -85 Year- 2018 Thana -KAKO District- JEHANABAD ======================================================

1. Upendra Kumar son of Ambika Yadav resident of Village- Islamchak P.S. Kako District Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Md. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Kako P.S.Case No. 85 of 2018, registered for offences punishable under Section 414 of the Indian Penal Code.

As per F.I.R. allegation against the petitioner is that some miscreants snatched the bag of the informant, containing mobile sets and cash Rs. 5000/- Submission of the learned counsel for the petitioner is that the petitioner is not named in the F.I.R. and he has falsely been implicated in this case and except confessional statement of the co-accused persons there is nothing against the petitioner and he is in custody since 16.-04.2018 and charge

Patna High Court Cr.Misc. No.49347 of 2018 (3) dt.03-10-2018 2/2 sheet has been submitted.

Heard learned A.P.P also opposes the prayer for bail stating that that there is ample materials available against the petitioner to proof the allegation against the petitioner. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of Shri P.K. Bharti, learned Judicial Magistrate, 1st class, Jehanbad in connection with Kako P.S.Case No. 85 of 2018, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T