Akash Kumar @ Akash Singh @ Kinnu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16245 of 2022 Arising Out of PS. Case No.-266 Year-2021 Thana- RAJAPAKAR District- Vaishali ====================================================== AKASH KUMAR @ AKASH SINGH @ KINNU S/o Digavijay Singh Resident of Village- Baikunthpur, P.S.- Rajapakar, District- Vaishali. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-07-2022 In the bail application preferred by the petitioner, the prayer portion read as under :- "It is therefore prayed that your Lordships may graciously be pleased to enlarge the petitioner on bail in connection with Mahua P.S. Case No. 266 of 2021 to the satisfaction of learned Ms. Vandana J.M. 1st Class, Vaishali at Hajipur." Accordingly, while allowing the bail on 12.07.2022, it was recorded that the petitioner be released on bail "to the satisfaction of learned Ms. Vandana J.M. 1st Class, Vaishali at Hajipur in connection with Mahua P.S. Case No. 266 of 2021". Learned counsel for the petitioner has filed a mention slip stating therein that although he had filed a supplementary affidavit bringing on record in paragraph -2 that the same should
Patna High Court CR. MISC. No.16245 of 2022(3) dt.20-07-2022 2/3 be read as "Rajapakar P.S. Case No. 266 of 2021 " instead of "Mahua P.S. Case No. 266 of 2021", the same could not be placed at the time of hearing of bail application. He as such submits that the order may be modified to that extent. Heard the parties and perused the records.
The order is modified as follows :- "Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ms. Vandana learned J.M. 1st Class, Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 266 of 2021, subject to the following 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 reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence; (iv) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which
Patna High Court CR. MISC. No.16245 of 2022(3) dt.20-07-2022 3/3 the State shall be at liberty to take steps for cancellation of his bail bonds."
Accordingly, the order dated 12.07.2022 is modified to the above extent.
(Rajiv Roy, J) Jagdish/- U T