Kail Prajapati @ Akash Jee @ Kail Prajapat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28064 of 2020 Arising Out of PS. Case No.-132 Year-2011 Thana- KONCH District- Gaya ====================================================== KAIL PRAJAPATI @ AKASH JEE @ KAIL PRAJAPAT Son of Indradev Prajapati Resident of Village- Ajan, P.S.- Goh, Distt- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-12-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Konch P.S. Case No. 132 of 2011 (G.R. No. 4356 of 2011) for the offence under Sections 147, 148, 149, 341 and 435 of the Indian Penal Code and Section 17 of C.L.A. Act and 13, 16, 18, 20 of U.A.P.A. Act Learned counsel appearing for the petitioner submits that the petitioner is innocent and has not committed any offence. In fact, the co-accused having more or less similar allegation has already been granted regular bail by a co-ordinate Bench of this Court in Cr. Misc. No. 5111 of 2013, Cr. Misc. No. 11119 of 2014 and Cr. Misc. No. 9691 of 2014 and the case of this petitioner stands on similar footing. The petitioner is rotting in judicial custody since

Patna High Court CR. MISC. No.28064 of 2020(2) dt.04-12-2020 2/2 22.03.2018. Hence, the petitioner may be enlarged on regular bail.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 Additional Chief Judicial Magistrate -III, Gaya in connection with Konch P.S. Case No. 132 of 2011 (G.R. No. 4356 of 2011) subject to the conditions that out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Arvind Srivastava, J) brajesh/- U T