Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29425 of 2018 Arising Out of PS. Case No.-13 Year-2018 Thana- CHARPOKHARI District- Bhojpur ====================================================== Prince Kumar Son of Sidheshwar Ray Resident of Village- Koil, Police Station- Charpokhari District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Singh For the Opposite Party/s :

Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Charpokhari P. S. Case No. 13 of 2018 registered for the offences punishable under Sections 147, 148, 143, 307, 504/506 of the Indian Penal Code and Section 27 of the Arms Act. Allegedly, the informant was playing Volleyball with other boys of the village and then firing started, resulting, all started fleeing away and 4 persons who were opening fire started chasing the informant and further opened 10-15 round firing but sensing the assemblance of villagers, they started fleeing away, out of whom the petitioner was identified and further other co-accused have opened fire at the house of the informant also which was told by his mother. The house inmates

Patna High Court Cr.Misc. No.29425 of 2018(2) dt.18-05-2018 2/3 threw brick bats upon the miscreants, resulting, co-accused Sidheshwar Rai received head injury. The sign of firing is on the wall and window of the house of the informant. Submission is of false implication and that there is case and counter case, in this case no one has received any injury whereas in the case lodged by co-accused Sidheshwar Rai there is injury on his head, the prosecution story of this case appears not probable and reliable, the petitioner is suffering in custody since 04.02.2018 and earlier in one case he has been made accused wherein he is on bail.

Learned APP submits that the petitioner and three others have opened fire and the petitioner was identified but fairly submits that no one has received any injury. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-X, Bhojpur, Ara in connection with Charpokhari P. S. Case No. 13 of 2018, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall

Patna High Court Cr.Misc. No.29425 of 2018(2) dt.18-05-2018 3/3 remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T