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Patna High CourtCR. MISC./12180/2023bail granted

Alok Kumar @ Agam Kumar v. The State Of Bihar

2023-03-22Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12180 of 2023 Arising Out of PS. Case No.-178 Year-2022 Thana- AGAMKUAN District- Patna ====================================================== ALOK KUMAR @ AGAM KUMAR S/O AMAR KUMAR @ SUNIL KUMAR R/v- Murdinpur, Khusrupur, P.S.- Khushrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The case is registered under sections 147, 148, 149, 341, 323, 307, 384, 387, 427, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act, in connection with Agamkuan P.S. Case No. 178 of 2022.

As per the FIR, the informant has alleged that on his construction side, the accused persons came and demanded 'Rangdari' and upon protest, he was assaulted. Although they fled away, the petitioner herein was one of the accused person who was apprehended.

Earlier the petitioner had moved before this Court vide Cr. Misc. No.27734 of 2022 which was rejected on 01.09.2022.

Taking into account the period of custody

Patna High Court CR. MISC. No.12180 of 2023(3) dt.22-03-2023 2/3 (05.03.2022), as stated in para-6 as also the fact that ultimately he has to face the Trial, this Court is inclined to grant him privilege of bail with conditions.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Agamkuan P.S. Case No. 178 of 2022 to the satisfaction of learned A.C.J.M., Patna City, subject to following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

Patna High Court CR. MISC. No.12180 of 2023(3) dt.22-03-2023 3/3 (v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan /- U T