Sanjeevan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73006 of 2019 Arising Out of PS. Case No.-130 Year-2019 Thana- KARAI PARSURAI District- Nalanda ====================================================== SANJEEVAN KUMAR S/o Tuntun Ram R/o village- Diyawan, P.S.- Karai Parsuray, District- Nalanda ... Petitioner

Versus

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

For the Petitioner :

Mr.Rajeev Kumar, Advocate For the Opposite Party :

Mr.Lalan Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offence punishable under sections 380, 457 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR and he has been roped in this case on the confessional statement of co-accused Angad Kumar. No incriminating article has been recovered from the petitioner's possession and he is in custody since 25.8.2019. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I Hilsa, Nalanda in Parsurai Police Station Case No. 130 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.73006 of 2019(2) dt.27-11-2019 2/2 and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T