Anil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17652 of 2022 Arising Out of PS. Case No.-655 Year-2021 Thana- HILSA District- Nalanda ====================================================== Anil Prasad Son Of Late Govind Prasad R/O Village- Koushik Nagar (KOURIYA Bigaha), P.S.- Hilsa, District- Nalanda ... ... Petitioner

Versus

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

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-08-2022 Heard learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

No one appears for the petitioner.

The petitioner is in custody in connection with Hilsa P.S. Case No. 655 of 2021 under sections 341, 307, 504, 34 of the Indian Penal Code.

As per the allegation in the FIR, on the order given by the petitioner herein, it is alleged that accused Guddu Kumar and Manish Kumar opened fire which hit the stomach of Ashok Kumar as also Yodhi Kumar respectively who got injured and were referred to PMCH.

Patna High Court CR. MISC. No.17652 of 2022(3) dt.10-08-2022 2/3 As per the averment in the bail application, the petitioner is the order giver and role of opening fire is attributed to Guddu Kumar and Manish Kumar.

Considering the fact that the petitioner is in custody since 14.12.2021 (as stated in para-8 of the bail application) and the petitioner has no criminal antecedent, this Court is inclined to grant him the privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of A.C.J.M.-1, Hilsa, Nalanda, in connection with Hilsa P.S. Case No. 655 of 2021 subject to the following conditions:

(i) one of the bailors should be the family members 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 in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for

Patna High Court CR. MISC. No.17652 of 2022(3) dt.10-08-2022 3/3 cancellation of his bail bonds;

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T