Deva Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40871 of 2022 Arising Out of PS. Case No.-216 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== DEVA KUMAR SON OF RAJKUMAR PRASAD, R/O MOHALLA- BARI PAHARI, POST OFFICE- BARI PAHARI, P.S.- LAHERI, DISTRICTNALANDA (BIHAR). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Laheri P.S. Case No. 216 of 2022, registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 504, 384, 307 of the Indian Penal Code 1860 and Section 27 of the Arms Act.

As per allegation, co-accused Vikash Kumar and Rishu Kumar along with 8-10 unknown persons entered into the house of informant and opened indiscriminate firing. His

Patna High Court CR. MISC. No.40871 of 2022(2) dt.03-11-2022 2/3 daughter sustained injuries in her leg.

The learned counsel for the petitioner has submitted that the petitioner is not named in the FIR. He is a person of clean antecedent and he is under custody since 08.06.2022. Considering the above-mentioned facts and circumstances as well as the clean antecedent of the petitioner, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II, Nalanda at Bihar Sharif in connection with Laheri P.S. Case No.216 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(iii) It is directed that after release of the petitioner, the learned court below shall verify the criminal

Patna High Court CR. MISC. No.40871 of 2022(2) dt.03-11-2022 3/3 antecedent of the petitioner and if it is found that the petitioner has been implicated in any other case except the present one, his bail bond shall be cancelled.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T