Patna High CourtCR. MISC./70394/2019bail granted

Bipin Kumar v. The State Of Bihar

2019-12-04Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 70394 of 2019 Arising Out of PS. Case No.-305 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== BIPIN KUMAR Son of Shiv Narayan Sah Resident of Village - Gavasara, P.S.- Khudhani/Kurhani, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 392 of Indian Penal Code.

It is submitted that while the petitioner was in custody in connection with Kurhani (Fakuli OP) Police Station Case No 422 of 2019, by obtaining his confessional statement, he has been remanded in the instant case. There is no recovery from the petitioner and he is in custody since 16.09.2019. Petitioner has no connection with the occurrence. Petitioner, in the meantime, has already been granted bail in Kurhani (Fakuli OP) Police Station Case No 422 of 2019.

Learned APP for the State has opposed the prayer.

Patna High Court CR. MISC. No.70394 of 2019(2) dt.04-12-2019 2/2 Considering the rival submissions, this Court is inclined to accept the submission of the petitioner's counsel. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate III, Muzaffarpur in Kurhani Police Station Case No 305 of 2019, GR No 1529 of 2019 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U