Ashish Kumar @ Ashish v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54517 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -SHRIKRISHNAPURI District- PATNA ====================================================== Ashish Kumar @ Ashish Singh S/o Sri Ram Ram @ Shreeram, R/o Vill.- Apail, P.S.- Sheikhpura , District- Balia (U.P.), At present MohallaShivpuri, Road No. 2 Carbon Factory, P.S.- Shastri Nagar , DistrictPatna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar & Mr. Imran, Advocates For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
2. As prayed, learned counsel for the petitioner is permitted to make correction in the name of the petitioner as "Ashish Kumar @ Ashish Singh" in place of "Ashish Kumar @ Ashish" inadvertently stated in the cause title of the petition.
3. The petitioner, who is in custody since 31.01.2018, has renewed his prayer for bail in connection with Krishnapuri P.S. Case No. 12 of 2018 for the offences alleged under Sections 307, 504/34 IPC and Section 27 of the Arms Act having earlier been rejected by this Court by order dated 26.04.2018 in Criminal Miscellaneous No. 24017 of 2018.
4. Learned counsel for the petitioner submits that in a subsequent development, similarly situated co-accused Khushboo Singh @ Avinash Singh has been granted bail by order dated 27.04.2018 in B.P. No. 860 of 2018. It is submitted that the petitioner has also been accused similarly of having chased the informant along with other persons including the aforesaid coaccused Khushboo Singh @ Avinash Singh. It is further stated that no injury report has been brought on record which further dilutes the case of the prosecution.
5. Be that as it may, having regard to the entirety of the facts and circumstances of the case and considering the period of custody already suffered since 31.01.2018 let the petitioner above named 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 learned A.C.J.M., Patna in connection with Krishnapuri P.S. Case No. 12 of 2018 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available
as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T