Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65860 of 2018 Arising Out of PS. Case No.-431 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Rohit Kumar, Son of Shushil Singh, Resident of Village- Karpuri Gram, Police Station- Samastipur (Muffasil), District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Rana Sanjay Kumar Singh For the Opposite Party/s :

Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 201, 302/34, 120(B) IPC registered in connection with Samastipur (Muffasil) P.S. Case No. 431 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely on the basis of extra judicial confessional statement of co-accused Shivam Kumar @ Vikki, except which, there is no other material to connect the petitioner with the alleged occurrence. The said Shivam Kumar @ Vikki has been granted bail by this Court on 03.12.2018 in Cr. Misc. No.70324 of 2018. The petitioner

Patna High Court Cr.Misc. No.65860 of 2018(3) dt.03-01-2019 2/3 claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M. V, Samastipur in connection with Samastipur (Muffasil) P.S. Case No. 431 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That 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. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in

Patna High Court Cr.Misc. No.65860 of 2018(3) dt.03-01-2019 3/3 the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T