Anand Kumar @ Anand Prasad v. The State Of Bihar
Patna High Court Cr.Misc. No.26266 of 2017 (3) dt.20-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26266 of 2017 Arising Out of PS.Case No. -113 Year- 2016 Thana -RAGHUNATHPUR District- SIWAN ====================================================== Anand Kumar @ Anand Prasad, Son of Ramji Prasad, Resident of Village- Sultanpur, P.S.- Andar, District- Siwan. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Uday Bhan Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 27.02.2017 in connection with Raghunathpur P.S. Case No. 113 of 2016 for the offences alleged under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. It is submitted that the petitioner has been falsely implicated on mere suspicion and there is no objective material whatsoever to connect the petitioner with the alleged occurrence. The petitioner is not named in the F.I.R. The allegations in the F.I.R. are improbable and that too remote and they relate to a transaction of purchase of land made about 7 or 8 years ago. The petitioner claims clean antecedents.
4. Learned A.P.P. on the basis of case diary submits that some of the witnesses have raised suspicion against the petitioner.
5. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the
Patna High Court Cr.Misc. No.26266 of 2017 (3) dt.20-07-2017 satisfaction of learned Additional Chief Judicial Magistrate-VIII, Siwan, in connection with Raghunathpur P.S. Case No. 113 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Vikash Jain, J) Md. Ibrarul/BT U T