Prahlad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42114 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -DHANARUA District- PATNA ======================================================

1. Prahlad Kumar son of Nand Kishore Singh, Resident of VillageRakasiya Dayal Chak, P.S. Shakurabad, District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhagya Narayan Jha For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2017 As prayed for learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the petition.

The petitioner seeks regular bail in connection with Dhanarua P.S. Case No. 51 of 2017, registered for offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act. Prosecution story is that police on information that six persons were seen in suspicion condition, raided the place and from the possession of petitioner a live cartridge, one mobile phone and one stolen motorcycle was recovered from the petitioner.

It has been submitted on behalf of the petitioner that he

has falsely been implicated in this case and though he has one more criminal antecedent but he has been made accused in that case after remand in the present case and has been in custody for last seven months and other co-accused of this case has already been granted the privilege of bail by this Court vide order dated 28.07.2017 passed in Criminal Misc. No. 34562 of 2017. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Masaurhi, Patna, in connection with Dhanarua P.S. Case No. 51 of 2017, subject to the following conditions:- (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 himself 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.

(Vinod Kumar Sinha, J) sunil/- U T