Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30940 of 2017 Arising Out of PS.Case No. -246 Year- 2016 Thana -KHARAGPUR District- MUNGER ======================================================

1. Prince Kumar Son of Arun Singh @ Arun Kumar Singh, Resident of Village- Gangta Bus Stand, P.S.- Gangta, Distt- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Kamal Nayan For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2017 This application is for grant of regular bail in connection with Kharagpur (Shampur) P.S. Case No. 246 of 2016 registered for the offence(s) under section(s) 399, 402, 414 of the Indian Penal Code and section(s) 25(1-B) A/26 (1)/35 of the Arms Act. Allegation, as per the FIR, is that the petitioner was arrested along with other accused persons at the time when they were planning to commit dacoity and from the possession of the petitioner, one loaded katta and six cartridges were recovered. Submission of the learned counsel for the petitioner is that the petitioner has no criminal antecedent and nothing has been recovered from his possession and he has been arrested in this case only on suspicion and is in custody for seven months. Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.30940 of 2017 (3) dt.19-07-2017 2/2 circumstances, as stated above, this application is allowed. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Munger in connection with Kharagpur (Shampur) P.S. Case No. 246 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine rhyme or reasons, the prosecution will have liberty to move for cancellation of his bail.

(iv) If the petitioner's involvement is found, in future, in similar type of case, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) Mahesh/- U T