Udit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44599 of 2021 Arising Out of PS. Case No.-157 Year-2020 Thana- NADI P.S. District- Patna ====================================================== UDIT KUMAR SON OF DINESH PRASAD @ DINESHWAR MAHTO R/O - KATARI, P.S.- RANI TALAB, KANPA, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Babu, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Nadi P.S. Case No. 157 of 2020 registered for the offence under Sections 341, 324, 326, 307, 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The son of the informant is said to have been inflicted gun shot injury by the unknown biker. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. In fact, the petitioner has been made accused in this case merely on the basis of confessional statement of the co-accused, namely, Munna Kumar. Save

Patna High Court CR. MISC. No.44599 of 2021(3) dt.22-03-2022 2/3 and except the confessional statement of the co-accused, no cogent material has come during course of investigation against the petitioner. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. He further submits that the petitioner was in custody in connection with Nadi P.S. Case No. 181 of 2020 since 11.11.2020 and he has been remanded in the present case on 23.12.2020.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one. 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 A.C.J.M.-VI, Patna City, Patna in connection with Nadi P.S. Case No. 157 of 2020 with the following conditions:-

(1) 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 the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be

Patna High Court CR. MISC. No.44599 of 2021(3) dt.22-03-2022 3/3 canceled by the Court below.

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

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T