Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 1798 of 2021 Arising Out of PS. Case No.-213 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== Rahul Kumar S/o Sanjay Prasad R/o Village- Gulni, P.S.- Deep Nagar, DisttNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha For the Opposite Party/s :

Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Deep Nagar P.S. Case No. 213 of 2020, registered for the offence under Sections 341, 376, 511, 34, 323, 324, 354 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, this petitioner is alleged to have fired upon the informant, which hit the leg of the informant.

It is submitted on behalf of petitioner that there is case and counter case. There is no injury report on record, however; from perusal of the impugned order, it appears that only one injury has been found on the leg of the informant, which is simple in nature, and not on the vital part. Chargesheet has already been submitted. Petitioner has got no criminal

Patna High Court CR. MISC. No.1798 of 2021(2) dt.04-03-2021 2/2 antecedent and he is in custody since 24.07.2020. Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner 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 learned C.J.M., Nalanda at Biharsharif in connection with Deep Nagar P.S. Case No. 213 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T