Praveen Kumar Singh @ Pravin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 2273 of 2021 Arising Out of PS. Case No.-83 Year-2020 Thana- NAVINAGAR DistrictAurangabad ====================================================== PRAVEEN KUMAR SINGH @ PRAVIN KUMAR Son of Sri Binda Singh Resident of Village - jaitiya Simari, P.O.- Nabinagar Raod, P.S.- Nabinagar, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 03-06-2021 This case has been taken up for consideration today through Video Conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Nabinagar Police Station (for brevity, PS) Case No 83 of 2020 instituted for the offence punishable under Sections 302, 120B/34 of Indian Penal Code. First Information Report (for brevity, FIR) alleges that informant's elder brother along with his cousin was on way to the market, when they have been accosted near a medical shop. One Niraj Kumar Singh, on orders of co-accused Anil Kumar Singh, has fired upon elder brother of informant. The elder

Patna High Court CR. MISC. No.2273 of 2021(2) dt.03-06-2021 2/3 brother of informant has succumbed to the injuries. Submission of the petitioner's counsel is that the FIR discloses specific allegation against co-accused Niraj Kumar Singh. Petitioner, alongwith others, at best, are said to be members of the mob. Co-accused Manjay Kumar, Anil Kumar Singh and Avinash Kumar, who are similarly situated as the petitioner, have been allowed bail by this Bench in Cr Misc No 37864 of 2020, Cr Misc No 29409 of 2020 and Cr Misc No 409 of 2021 respectively. Petitioner is in custody since 15.06.2020. He is on bail in Amba PS Case No 113 of 2019 for the alleged offences under the Excise Act.

Learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Nabinagar PS Case No 83 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the

Patna High Court CR. MISC. No.2273 of 2021(2) dt.03-06-2021 3/3 petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T