Kundan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10196 of 2017 Arising Out of PS.Case No. -22 Year- 2016 Thana -AMBA District- AURANGABAD ====================================================== Kundan Kumar Singh S/o Late Upendra Singh, Resident of Village-Balia, P.S.-Amba, District-Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-03-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Amba P.S.Case No.22 of 2016 registered for offences punishable under Sections 307, 354, 448, 341, 323, 325, 504 and 506 of the Indian Penal Code.

It is submitted on behalf of the petitioner that except allegation that he was member of the mob, there is nothing against the petitioner. The other co-accused persons, having similar allegation or having serious allegation that of the petitioner, have already been granted anticipatory bail by this Court, vide order dated 14.06.2016 passed in Cr. Misc. No.24711 of 2016 and dated 20.06.2016 passed in Cr. Misc. No.24585 of 2016. Heard learned A.P.P. also, who could not controvert the fact

Patna High Court Cr.Misc. No.10196 of 2017 (2) dt.18-03-2017 2/2 that there is specific allegation against this petitioner. Having heard both sides and in view of submission as made above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Aurangabad in connection with Amba P.S.Case No.22 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With 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 co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U