Amrit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11237 of 2019 Arising Out of PS. Case No.-172 Year-2018 Thana- ROSHANGANJ District- Gaya ====================================================== AMRIT KUMAR, aged about 28 years (Male), Son of Ramchandra Mahto Resident of Village- Nawada, P.S.- Roushanganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Section 302/34 of the Indian Penal Code.

Allegation against the petitioner is that he informed through a telephonic message to the brother of informant that there is a party at the house of Sunil Kumar thereafter brother of informant, Raushan Kuamr, Amrit Kumar and Sunil Yadav took meal in the night thereafter villager Sudarshan Yadav informed him that his brother Yogendra Yadav has been shot dead. It is also found that prior to the occurrence petitioner had threatened the deceased of dire consequence.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.11237 of 2019(2) dt.11-03-2019 2/3 he is innocent and has committed no offence. He has been falsely implicated in this case only on the basis of suspicion. Petitioner is not named in the FIR. Petitioner has no criminal antecedent and is in custody since 20.11.2018. Considering the aforesaid facts 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 court below where the case is pending in connection with Roushanganj P.S. Case No. 172 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

Patna High Court CR. MISC. No.11237 of 2019(2) dt.11-03-2019 3/3 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