Prince Raj @ Jantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.174 of 2019 Arising Out of PS. Case No.-82 Year-2018 Thana- ROH District- Nawada ====================================================== Prince Raj @ Jantu Kumar, son of Sri Upendra Singh, Resident of villagePokshi, P.S - Pakribarawan,Distt.-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Adv.

M/s. Babita Kumari, adv For the Opposite Party/s :

Mr.Sir Pramod Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Roh P.S. Case No. 82 of 2018 registered for the offences punishable under Sections 341, 323, 324, 307, 506, 120-B of the Indian Penal Code and Section 27 of the Arms Act. Informant has stated in his fardbeyan that on 28.07.2018 at about 7:30 A.M., he was working in the shop of his owner Upendra Prasad when two culprits came on motorcycle and told Upendra Prasad that they want to compromise the matter upon which owner Upendra Prasad called him and as he was moving towards him the two miscreants fired upon him which hit his left chest and he fell down. He suspected that his uncle Madan Mahto from whom he had land dispute and his son and his brother-in-law are instrumental for this incident.

Patna High Court Cr.Misc. No.174 of 2019(3) dt.06-02-2019 2/2 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case on the basis of suspicion. The police arrested petitioner and co-accused in a different case and on basis of their confession they have been implicated in this case in which altogether a different case has been made out and thereafter he has been remanded in this case. Petitioner is in custody since 05.09.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Nawada, in connection with Roh P.S. Case No. 82 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, his 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) Rajiv/- U T