Prince Kumar @ Prince Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54646 of 2016 Arising Out of PS.Case No. -112 Year- 2015 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Prince Kumar @ Prince Kumar Singh Son of Krishna Singh Resident of Village- Jharahi Dhanao, P.S.- Nabinagar, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 22.02.2016 in connection with Aurangabad (T) P.S. Case No. 112 of 2015 registered for the offence punishable under Sections 394 of the Indian Penal Code and 27 of the Arms Act. The prosecution case as alleged by the informant is that while the informant who is Branch Manager along with his two office colleagues were returning home in the motor cycle after withdrawing Rs. 1 lac each, from Punjab National Bank three unknown persons came and stopped them and snatched money and mobile.

It has been submitted by learned counsel for the

Patna High Court Cr.Misc. No.54646 of 2016 (2) dt.23-12-2016 2/3 petitioner that he is innocent and not named in the FIR and has been falsely implicated in the aforesaid case only on the ground of suspicion just because he has some cases pending against him. It has further been submitted that no T.I. Parade has been done so far and charge sheet has already been submitted hence there is no chance of tempering with the prosecution evidence. However, learned A.P.P. for the State submits that petitioner is named in the FIR and is habitual offender, hence, opposes the prayer for bail.

Be that as it may, considering the facts and circumstances of the case and that charge sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Aurangabad in connection with Aurangabad (T) P.S. Case No. 112 of 2015 subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. Further condition is that if the

Patna High Court Cr.Misc. No.54646 of 2016 (2) dt.23-12-2016 3/3 petitioner indulges in any offence of similar nature in future, the privilege of bail granted in the present case will be deemed to be cancelled.

(Nilu Agrawal, J) Prakash/- U T