Patna High CourtCR. MISC./2015/2020bail granted

Kundan Sah v. The State Of Bihar

2020-01-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2015 of 2020 Arising Out of PS. Case No.-171 Year-2018 Thana- DERNI BAZAR District- Saran ====================================================== KUNDAN SAH, Son of Manoj Sah, residence of village Pojhi, P.S. Derni, District Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case for the offences punishable under Sections 399, 402 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act. Submission is that name of the petitioner surfaced in the confessional statement of co-accused Durga Sah. Petitioner is in custody since 01.10.2019. However, he was never put on T.I. Parade during investigation of the case which is already complete now nor any incriminating article was recovered from possession of the petitioner. There is no material to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.2015 of 2020(2) dt.21-01-2020 2/2 Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Derni P.S. Case No. 171 of 2018, subject to the following conditions:-

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

(2) Both the bailors shall be resident of the territorial jurisdiction of the court below.

(3) The petitioner shall not leave the court without permission of the trial court.

(Birendra Kumar, J) Niraj Kumar U T