Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38190 of 2018 Arising Out of PS.Case No. -9 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Prince Kumar, Son of Raja Ram Singh, Resident of Badalpura, Matihani, P.S.- Matihani, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Town P.S. Case No. 09 of 2015 for offences punishable under Sections 174A of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that the petitioner was made an accused in Town P.S. Case No. 169 of 2014 but in spite of warrant and proclamation under Section 82 of the I.P.C., the petitioner was an absconder who did not surrender before the court.

It has been submitted by the learned counsel for the petitioner that he is innocent and no such proclamation was made

Patna High Court Cr.Misc. No.38190 of 2018 (2) dt.06-07-2018 2/2 under Section 82 of the I.P.C. hence, Section 174A of the I.P.C. is not attracted. He further submits that he has already surrendered in Town P.S. Case No. 169 of 2014 and was remanded on 25.01.2018 and is languishing in judicial custody since 16.03.2016. He submits that the petitioner will cooperate in Town P.S. Case No. 169 of 2014 and will undertake not to tamper with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a veteran criminal and as many as eight cases are pending against him. Considering the facts and circumstances and the materials on record since the petitioner has now been taken to custody in connection with Town P.S. Case No. 169 of 2014, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection Town P.S. Case No. 09 of 2015.

(Nilu Agrawal, J) Devendra/- U T