Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69563 of 2018 Arising Out of PS. Case No.-106 Year-2018 Thana- KARJAIN District- Supaul ====================================================== Praveen Kumar, Son of Late Mukesh Jha @ Sunil Kumar Jha, Resident of Village- Panchwati Chowk, Ward No. 17, P.S.- Saharsa, District- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Sri Satyendra Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Karjaien P.S. Case No. 106 of 2018 registered for the offences punishable under Sections 394, 411 of the Indian Penal Code.

Informant has alleged that after keeping Pic-up van of his owner in his house he was returning to his residence on his Scooty when he was intercepted by miscreants and assaulted and he fell down from his Scooty meanwhile, a police jeep came and miscreants started fleeing but they were apprehended by the police after chase and brought to police station. It has been submitted that petitioner is innocent and has been falsely implicated in this case. From seizure list as

Patna High Court Cr.Misc. No.69563 of 2018(2) dt.06-12-2018 2/3 enclosed nothing has been stated to be found against petitioner and even in the seizure list although there is signature of other three accused but same does not bear signature or name of petitioner. Petitioner is a student of B. Tech. (CSE) and nothing has been recovered from the conscious possession. Petitioner has no criminal antecedent and is in custody since18.09.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Bhivuti Bhushan, learned Judicial Magistrate, Birpur (Supaul) in connection with Karjaien P.S. Case No. 106 of 2018 subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

Patna High Court Cr.Misc. No.69563 of 2018(2) dt.06-12-2018 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/Manoj U T