Patna High CourtCR. MISC./16424/2024bail granted

Praveen Kumar v. The State Of Bihar

2024-03-14Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16424 of 2024 Arising Out of PS. Case No.-190 Year-2023 Thana- EKANGARSARAI District- Nalanda ====================================================== PRAVEEN KUMAR SON OF VIJAY KUMAR R/O-GARERIYA BIGHA, P.S.-EKANGARSARAI, DISTT.-NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-03-2024 Heard the parties.

2. The petitioner is apprehending arrest in connection with Ekangarsarai P.S. Case No. 190 of 2023 instituted under Sections 341, 323, 147, 148, 307 of the Indian Penal Code and 27 of the Arms Act lodged on 9.9.2023 by the informant, Sidheshwar Ram.

3. As per the prosecution story, the I.O. got secret information about scuffle that took place earlier in which firing also happened. The name of the accused persons cropped in. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that only upon the information about the firing, on the basis of preliminary enquiry, the petitioner has been implicated, is a student of 21 year age and has nothing to do with the present

Patna High Court CR. MISC. No.16424 of 2024(2) dt.14-03-2024 2/3 matter.

5. Learned APP opposes the prayer for anticipatory bail.

6. Considering the allegation that has come in the FIR, the submissions put forward by the parties as also he is a young student, FIR lodged, will be facing the trial, this Court is inclined to extend him privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Ekangarsarai P.S. Case No. 190 of 2023 to the satisfaction of learned A.C.J.M., Hilsa, Nalanda subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other 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 bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.16424 of 2024(2) dt.14-03-2024 3/3 (iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(v) 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 the bail bonds;

(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T