Amit Kumar @ Jalandhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15529 of 2021 Arising Out of PS. Case No.-208 Year-2020 Thana- CHANDI District- Nalanda ====================================================== AMIT KUMAR @ JALANDHAR KUMAR Son of Ravindra Gope Resident of Village- Bhattanna Bigha, Police Station - Chandi, District - Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 307 and some other ancillary Sections of the Indian Penal Code and u/s 27 of Arms Act.

As per the prosecution case, on 31.05.2020, 20-25 persons, including this petitioner, variously armed, came to the house of informant and this petitioner is alleged to have fired from his rifle on account of which father of informant got injuries in his abdomen.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case due to previous rivalry between the parties. It is further submitted that both parties are on litigating terms and Sushma

Patna High Court CR. MISC. No.15529 of 2021(4) dt.16-08-2021 2/3 Kumar, wife of brother of petitioner, lodged Chandi PS Case No. 325/2020 against the informant and others. The father of petitioner also lodged Chandi PS Case No. 496/2020 against the informant and others. Petitioner is in custody since 12.07.2020, charge sheet has already been submitted and charges have also been framed.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case, the period of custody of the petitioner and the fact that charges have already been framed in the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Hilsa, Nalanda in connection with Chandi PS case No. 208/2020 on the following conditions:-

(1) 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 on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.15529 of 2021(4) dt.16-08-2021 3/3 witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T