Patna High CourtCR. MISC./44315/2017allowed

Prem Kumar @ Manoj Kumar v. The State Of Bihar

2017-09-21Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44315 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -PARASBIGHA District- JEHANABAD ======================================================

1. Prem Kumar @ Manoj Kumar Son of Ravindra Prasad, R/o VillageKajur, P.S.- Atari, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan Prasad No. 1 For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Parasbigha P.S. Case No. 44 of 2017, registered for the offence punishable under Section 392 of the Indian Penal Code. Counsel for the petitioner submits that the FIR was lodged against 3-4 unknown persons. The petitioner has stated in paragraph-3 of the petition that he has got no criminal antecedent. The statement made in paragraph-11 that no test identification parade was conducted to identify the petitioner as the FIR was lodged against unknown.

Considering the fact that the petitioner has got no criminal antecedent and the fact that the case was registered against unknown and the petitioner has remained in jail for about

Patna High Court Cr.Misc. No.44315 of 2017 (2) dt.21-09-2017 five months, the petitioner above named is directed to 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 learned Chief Judicial Magistrate, Jahanabad in Parasbigha P.S. Case No. 44 of 2017, subject to the conditions that one of the bailors should be family members of the petitioner, the petitioner will extend full cooperation in conclusion of trial and will not tamper with the evidence or influence the witnesses. (Anil Kumar Upadhyay, J) KKSINHA/- U T