Pawan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10875 of 2019 Arising Out of PS. Case No.-297 Year-2018 Thana- KHUSRUPUR District- Patna ====================================================== 1.

PAWAN KUMAR, aged about 19 years, (M) Son of Sri Chandra Shekhar Prasad Resident of Village- Naya Tola, Akbarpur, P.S.- Barh, District- Patna. 2.

Dharmraj Kumar @ Dharmpal Kumar, aged about 18 years, (M) Son of Sri Vijendra Prasad Resident of Village- Hasanchak, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for the parties.

Petitioners, who are in custody, seek bail registered for the offences punishable under Sections 399, 402, 411, 413 and 414 of the Indian Penal Code and under Section 25(1-b)a, 26 and 35 of the Arms Act.

Informant has alleged that petitioners and other accused were apperehended while they were planning for executing a grave crime. Four accused were apprehended whereas three managed to escape.

It has been submitted on behalf of the petitioners

Patna High Court CR. MISC. No.10875 of 2019(2) dt.03-04-2019 2/3 that they are innocent and have been falsely implicated in this case. Nothing has been recovered from the possession of the petitioners and the motorcycle which has been seized belongs to petitioners of which he has ownership paper. Petitioners have got no criminal antecedent and are in custody since 23.11.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Khusarupur P.S. Case No. 297 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

(3) If the petitioners tamper with the

Patna High Court CR. MISC. No.10875 of 2019(2) dt.03-04-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) manoj/- U T