Pankaj Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.12744 of 2018 (2) dt.06-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12744 of 2018 Arising Out of PS.Case No. -731 Year- 2016 Thana -NAWADA District- NAWADA ======================================================

1. Pankaj Kumar S/o Krishna Kumar, R/o Village- Mahkar, P.S.- Roh, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Pravin Kumar, Advocate For the State : Mr. Surendra Prasad Singh, APP For the informant : Mr. Birendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-04-2018 Heard counsel for the petitioner, the State and the informant.

Petitioner is an accused in a case registered for offence under section 302 IPC.

Learned counsel for the petitioner submits that the FIR is against unknown and the petitioner has been implicated in this case only the basis of some dispute based on some incident of about one year back wherein in respect of 3⁄4 other persons suspicion has also been cast. It is submitted that no evidence has been collected during investigation to suggest that the petitioner had any proximity with the wife of the informant. CD material also casts only suspicion and prior to the lodging of this case, he is accused in other case mentioned in paragraph 3 of the bail application, in which he is already on bail. Petitioner is in

Patna High Court Cr.Misc. No.12744 of 2018 (2) dt.06-04-2018 custody since 9.1.2018.

Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in Nagar Police Station Case No. 731 of 2016 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(b) The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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