Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21606 of 2020 Arising Out of PS. Case No.-342 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== PRINCE KUMAR Son of Santosh Kumar @ Umesh Singh Resident of Village - Rajendra Nagar, P.S.- Chitragupta Nagar, District - Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar Agrawal For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel appearing for the petitioner and Shri Mritunjaj Kumar Gautam, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 342 of 2020 for the offence punishable under Sections 307, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
The case of the prosecution in brief is that on 10.05.2020 at about 7:00 o'clock in the evening while the informant was going to his house and had reached near Bajrangbali Asthan, three miscreants on a motorcycle had got down and fired on
Patna High Court CR. MISC. No.21606 of 2020(3) dt.07-09-2020 2/3 the informant whereafter they had fled away, however, the bullet did not hit the body of the informant. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is languishing in custody since 23.05.2020. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available in the case dairy, apart from the fact that the petitioner is accused in two other cases, this Court though deems it fit and proper to direct for release of the petitioner on regular bail, however, subject to certain conditions.
Accordingly, the petitioner, above named, is directed to 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 learned C.J.M., Khagaria in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 342 of 2020. It is further directed that the petitioner would mark his attendance before the Officer In-Charge of the concerned Police Station at 10:00 A.M. on every Monday of the week and in the
Patna High Court CR. MISC. No.21606 of 2020(3) dt.07-09-2020 3/3 event of his failure to do so on two consecutive occasion, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith. (Mohit Kumar Shah, J) S.Sb/- U T