Abhishek Kumar @ Baby v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11714 of 2022 Arising Out of PS. Case No.-182 Year-2021 Thana- GOPALPUR District- Patna ====================================================== Abhishek Kumar @ Baby Son of Jitendra Kewat Resident of MohallaDaldaliganj, Tisari Gali, P.S.- Menandiganj,District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 182 of 2021 lodged under Sections 302, 120 (b) and 34 of the I.P.C. read with Section 27 of the Arms Act.

As per the prosecution case, the brother of the deceased got information that somebody came from motorcycle and fired on the brother of the informant in his head due to which he died.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. He further submits that

Patna High Court CR. MISC. No.11714 of 2022(3) dt.30-09-2022 2/3 name of the petitioner has figured in this case by confessional statement of accused namely, Golu Patel and Raju Kumar. Learned counsel for the petitioner submits that Golu and Raju both were granted bail by this Court in Cr. Misc. No. 61925 of 2021 and Cr. Misc. No. 69311 of 2021. Learned counsel for the petitioner further submits that the antecedent of the petitioner is clean and he is in custody since 23.06.2021.

Learned counsel for the State opposes the prayer for bail and admits that the other accused persons have been granted bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate -IX, Patna in connection with Gopalpur P.S. Case No. 182 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of

Patna High Court CR. MISC. No.11714 of 2022(3) dt.30-09-2022 3/3 his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T