Priyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35185 of 2024 Arising Out of PS. Case No.-262 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== Priyam Kumar s/o Pramod Sah R/o vill - Abjuganj, ward no. 9, P.S. Sultanganj, Dist. Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-01-2025 Heard the learned counsel for the petitioner and learned APP for the State Sri Jharkhandi Upadhyay.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 302, 34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, the deceased was killed by three unknown persons, and subsequently it has come that the deceased was killed in a road robbery.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Except for confessional statement of co-accused Laxmi Devi, there is no material to connect the petitioner with the crime. Even as per the confessional statement of Laxmi Devi, it is not the petitioner but one Badal, who has killed the deceased. The petitioner has two criminal antecedents and is in custody since

Patna High Court CR. MISC. No.35185 of 2024(7) dt.27-01-2025 2/2 22.07.2023.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the period of custody and the fact that it is Badal who has killed the deceased, this application for regular bail is allowed.

7. Let the petitioner, above named, 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 the learned Additional District & Sessions Judge-X, Bhagalpur/concerned Court below in connection with Sultanganj P.S. Case No. 262 of 2023 subject to conditions that:- (i). The petitioner shall mark his attendance at the Sultanganj Police Station on every Sunday of each month. Any default in appearance at the Police Station would result in automatic cancellation of bail bond of the petitioner.

(ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and noncooperation in the trial shall result in automatic cancellation of the bail bond of the petitioner. (iii). Both the bailors should be close blood relatives of the petitioner.

(Sandeep Kumar, J) Shishir/- U T