Prashant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29328 of 2018 Arising Out of P.S.Case No. -22 Year- 2018 Thana -RUPASPUR District- PATNA ====================================================== Prashant Singh S/o Rajesh Singh, At the R/o Vill.- Chistipur, P.S.- Chandi, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Ranjit Ranjan For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner is in custody in connection with Rupaspur P.S.Case No.22 of 2018 registered for an offence under Section 307 and other ancillary sections of the IPC as well as under the Arms Act.

Allegation as per FIR is that police party in course of patrolling apprehended two persons, namely, Subodh Singh and Niraj Kumar from a vehicle and from their possession some fire arms and cash amount were recovered.

It has been submitted that in the confessional statement of apprehended accused, nothing incriminating article has been recovered from the possession of the petitioner. The apprehended

Patna High Court Cr.Misc. No.29328 of 2018 (4) dt.28-06-2018 2/2 accused Niraj Kumar, from whose possession an amount of Rs.27,000/- was recovered, has been allowed bail by one of the coordinate Bench of this Court in Cr.Misc.No.12351 of 2018. The case of this petitioner stands on better footing. The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances of the case, prayer for bail is allowed. 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 ACJM-II, Danapur, Patna in connection with Rupaspur P.S.Case No.22 of 2018 with following condition:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T