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Patna High CourtCR. MISC./35155/2020allowed

Indrajeet Kumar @ Indrajit Kumar v. The State Of Bihar

2021-01-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35155 of 2020 Arising Out of PS. Case No.-114 Year-2020 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== Indrajeet Kumar @ Indrajit Kumar, son of Late Bhonu Rai, Resident of Village-Jahangirpur (Bahalgama), P.S.- Desari, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Jha For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 341, 323, 324, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner alongwith other accused persons is of gun shot firing upon the informant and his family members and also assaulting them with lathi-danda, iron rod and sword.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to land dispute. There is case and counter case between

Patna High Court CR. MISC. No.35155 of 2020(3) dt.22-01-2021 2/3 the parties. The injury of the injured persons are not in a vital part. The petitioner is in custody since 12.08.2020 and has got no criminal antecedent.

Learned APP for the State opposes the prayer for bail petition.

In the aforesaid facts and circumstances, let the petitioner, above named, be released on bail after framing of the charge on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each in connection with Industrial Area P.S. Case No. 114/2020 to the satisfaction of the learned C.J.M., Vaishali, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the

Patna High Court CR. MISC. No.35155 of 2020(3) dt.22-01-2021 3/3 investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) amitkumar/- U T