Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40472 of 2020 Arising Out of PS. Case No.-306 Year-2020 Thana- DANAPUR District- Patna ====================================================== AMIT KUMAR Son of Prabhu Rai Resident of Village - Mainpura, Danapur, P.S.- Danapur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Prasad Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-02-2021 Heard both parties.

The petitioner seeks bail in Danapur P.S. Case No. 306 of 2020, registered for the offence punishable under Section 302 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, one Ravi Kumar @ Katori fired upon the brother of informant on his head, due to which he died on the spot.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case on the basis of confessional statement of co-accused. Specific allegation of firing is against co-accused Ravi Kumar @ Katori. Similarly situated co-accused Vikash Kumar Upadhyay has been granted regular bail by a coordinate Bench of this court vide order dated 02.02.2021 passed in Cr. Misc. No. 35455 of 2020.

Patna High Court CR. MISC. No.40472 of 2020(2) dt.08-02-2021 2/2 Chargesheet has already been submitted. Petitioner is in custody since 27.05.2020 having clean antecedent, as stated in para 3 of the petition.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Danapur, Patna in connection with Danapur P.S. Case No. 306 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T