Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36509 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- PRATAPGANJ District- Supaul ====================================================== Prince Kumar Son of Sukhram Yadav @ Birendra Yadav Resident Of VillageBerdah, P.S.- Raghopur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Jha, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court Proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Pratapganj P.S. Case No. 62 of 2022 registered for the offence under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 01.04.2022.

The allegation against the petitioner is to open fire upon the informant, with intention to cause death, along with

Patna High Court CR. MISC. No.36509 of 2022(2) dt.16-09-2022 2/3 other co-accused persons.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated in the present case, due to differences over local issues. It is also submitted that arrest of the petitioner was made by the private persons. It is also submitted that allegation of firing is not specific against this petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing for the State, opposed the prayer of bail.

In view of the facts and circumstances, as mentioned above, as allegation of firing is not specific against this petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Pratapganj P.S. Case No. 62 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Birpur,

Patna High Court CR. MISC. No.36509 of 2022(2) dt.16-09-2022 3/3 Supaul/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- U T