Raja Kumar @ Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58314 of 2021 Arising Out of PS. Case No.-174 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== Raja Kumar @ Prakash Kumar Son of Suresh Prasad Resident of VillageShivalapar, P.S.- Shahpur, District- Patna. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Prem Ranjan Kumar, Advocate For the Opposite Party/s :
Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-04-2022 Heard counsel for the parties.
The petitioner is in judicial custody since 29.5.2021 (as stated at para-10 of the bail application) in connection with Naubatpur P.S. Case No. 174 of 2021 under Sections 341, 323, 307, 448, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per prosecution story when the informant was at his house, co-villagers, Rajesh Kumar, Ankit Kumar, Ankesh Kumar and Shubham Kumar along with 5-6 accused persons entered his house armed variously and started assaulting him.
Specific allegation has been levelled against
Patna High Court CR. MISC. No.58314 of 2021(2) dt.11-04-2022 2/3 accused Shubham Kumar that he started firing which hit the nephew of the informant as a result whereof he fell down. So far as the other accused persons including the petitioner herein is concerned, omnibus allegation of firing/assault. Further accused Prem Kumar (who is also an accused in that case with similar allegation) has since been released on bail vide Cr. Misc. No. 41234 of 2021 disposed of on 6.1.2022 by a coordinate bench of this Court.
Considering the aforesaid facts, let the petitioner 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 A.C.J.M.-III, Danapur, in connection with Naubatpur P.S. Case No. 174 of 2021 subject to the following conditions:
(i) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself; (ii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
Patna High Court CR. MISC. No.58314 of 2021(2) dt.11-04-2022 3/3 With the aforesaid observation, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T