Patna High CourtCR. MISC./6277/2020allowed

Prahlad Kumar v. The State Of Bihar

2021-01-25Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6277 of 2020 Arising Out of PS. Case No.-597 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== PRAHLAD KUMAR Son of Nandkishore Singh Resident of VillageRakasiya Dayalchak, Post- Ratani Bazar, P.S.- Shakurabad, DistrictJehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhagya Narayan Jha For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-01-2021 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Jehanabad P.S. Case No. 597 of 2018 for the offenses under Sections 302 of the Indian Penal Code and 27 Arms Act. Learned counsel for the petitioner submits that the petitioner was not named in the FIR. His name surfaced in the confessional statement of co-accused. The petitioner is incustody since 21.9.2018.

Considering the fact that the petitioner was not named in the FIR, there is no eye witnesses to the occurrence, name of the petitioner surfaced in the confessional statement of the co-accused and the period of custody since 21.9.2018, the

Patna High Court CR. MISC. No.6277 of 2020(5) dt.25-01-2021 2/2 Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 50,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-Judge 1st, Jehanabad, in connection with Jehanabad P.S. Case No. 597 of 2018. While granting bail to the petitioner, it is considered desirable to observe that trial must be concluded within a period of nine months from the date of receipt/production of a copy of this order.

In the event there is any dilly dally on the part of the petitioner in conclusion of the trial, the court below shall be at liberty to cancel his bail bonds.

(Anil Kumar Upadhyay, J) spandey/- U T