Sunil Khatry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80959 of 2019 Arising Out of PS. Case No.-243 Year-2010 Thana- MADANPUR District- Aurangabad ====================================================== SUNIL KHATRY S/o Shankarlal Khatry R/o village- Jakhim, P.S.- Rafiganj, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Bahadur Singh, Advocate.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Sections 147, 148, 149, 447, 323, 504, 342, 435 and 427 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the C.L.A. Act.

The F.I.R. is against unknown. Name of the petitioner surfaced during investigation in the confessional statement of the co-accused. Petitioner is in custody since last more than one year. Investigation of the case is already complete. Petitioner has got no criminal antecedent.

Considering the fact that there is no direct material against the petitioner in the present case as well as the fact that investigation of the case is already complete, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.80959 of 2019(3) dt.16-03-2020 2/2 Rs.50000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Madanpur P.S. Case No. 243 of 2010, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in their name.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T