Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79740 of 2019 Arising Out of PS. Case No.-183 Year-2019 Thana- MANSI District- Khagaria ====================================================== Sumit Kumar, Son of Gajendra Singh, Resident of Village - Bakhtiyarpur, P.S.- Mansi, Distt.- Khagaria.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr.Atul Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Mansi P.S. Case No. 183 of 2019 arising out of G.R. No. 2176 of 2019 registered for the offences punishable under Section 394 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the name of the petitioner has come on the basis of confessional statement of other co-accused and allegation against the petitioner is only that at the time of occurrence the petitioner was talking with accused person by his mobile. The petitioner is in custody since 30.07.2019. Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.79740 of 2019(3) dt.17-01-2020 2/3 bail.

Considering the facts and circumstances of the case, wherein it has come in course of investigation that this petitioner being an ex-employee at the petrol pump had acted as a master mind behind the whole occurrence and at the time of occurrence he had from his mobile talked to the accused Bittu Yadav and Sunny Kumar but considering the submission of learned counsel for the petitioner that the co-accused Simfi Yadav, Giraj Yadav and Eraj Yadav have been granted regular bail from the court below itself, let on completion of nine months of custody the petitioner above named be released on bail in connection with Mansi P.S. Case No. 183 of 2019 arising out of G.R. No. 2176 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IIIrd, Khagaria, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

Patna High Court CR. MISC. No.79740 of 2019(3) dt.17-01-2020 3/3 (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T