Lalu Kumar @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74918 of 2019 Arising Out of PS. Case No.-652 Year-2019 Thana- BUXAR District- Buxar ====================================================== LALU KUMAR @ VIKASH KUMAR Son of Late Ramendra Kumar Resident of Village - Dhobighat, gali No.6, P.S.- Buxar (T), Distt.- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2019 Heard learned counsel for the parties.
Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code.
Informant in his written complaint has alleged that unknown thieves entered his house and on the strength of arms took away 2 mobile phones, cash, golden chain, ATM Card and other documents.
It has been submitted on behalf of the petitioner that the name of petitioner has surfaced in this case on the basis of confessional statement of co-accused Suraj Kumar and Jitendra Kumar in which they have stated that petitioner sold stolen mobile to them. It has been further submitted on behalf of the petitioner that he has been falsely implicated in this case on the
Patna High Court CR. MISC. No.74918 of 2019(2) dt.11-12-2019 2/2 allegation that he sold the mobile to Suraj Kumar and Jitendra Kumar and misunderstanding and confusion in the name of Vikash Kumar. Petitioner has got no criminal antecedent and is in custody since 28.09.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Buxar (Town) P.S. Case No. 652 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U