Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80103 of 2018 Arising Out of PS. Case No.-86 Year-2018 Thana- PARASBIGHA District- Jehanabad ====================================================== Prince Kumar Son of Satydev Singh Resident of village- Sarwan, Police Station- Rampur Chauram, District- Arwal.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 59 of 2019 Arising Out of PS. Case No.-86 Year-2018 Thana- PARASBIGHA District- Jehanabad ====================================================== Brajesh Kumar Son of Ramkrit Singh @ Ramkali Singh resident of villageJathiara, Police Station- Parasbigha, District- Jahanabad. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In Criminal Miscellaneous No. 80103 of 2018) For the Petitioner/s :
Mr.Gajendra Kumar Singh For the Opposite Party/s :
Mr.Sri Nand Kumar (In Criminal Miscellaneous No. 59 of 2019) For the Petitioner/s :
Mr.Pancham Lal Jaiswal For the Opposite Party/s :
Mr.Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for the parties.
Petitioners seek bail in Sessions Trial No.332 of 2018 arising out of Parasbigha P.S. Case No. 86 of 2018 registered for the offence punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. In the written report, it is alleged that some unknown persons have committed murder of the nephew of informant while he was going to join duty in the Bank.
It has been submitted on behalf of the petitioners that
Patna High Court Cr.Misc. No.80103 of 2018(5) dt.18-02-2019 2/3 they are innocent and have falsely been implicated in this case. The case was registered against unknown. Petitioners are in custody since 15.07.2018. Similarly placed co-accused Raj Kishor Kumar @ Raju Kumar, Vikash Kumar and Pintu Kumar have already been granted bail by this Court vide order dated 09.01.2019 passed in Cr. Misc. No.72107 of 2018, order dated 10.12.2018 passed in Cr. Misc. No.73185 of 2018 and order dated 11.12.2018 passed in Cr. Misc. No.72708 of 2018 respectively.
Considering the aforesaid facts and circumstances of the case, let the petitioner of Cr. Misc. No.80103 of 2018 and petitioner of Cr. Misc. No.59 of 2019, named above be released on bail after 21.03.2019 upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad and learned Additional Sessions Judge-II, Jehanabad respectively in connection with Sessions Trial No.332 of 2018 arising out of Parasbigha P.S. Case No. 86 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date
Patna High Court Cr.Misc. No.80103 of 2018(5) dt.18-02-2019 3/3 fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.
(3) If the petitioners tamper 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 petitioners.
(S. Kumar, J) Sanjay/- U T