Bajrangi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49197 of 2022 Arising Out of PS. Case No.-103 Year-2022 Thana- KURSAILA District- Katihar ====================================================== Bajrangi Kumar, S/o Pinku Ram, Resident of Village- Khariya Nishad Tola, Police Station- Kursela, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Ishwar Chandra, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 23-12-2022 The applicant/accused in Crime No. 103 of 2022 registered with Kursela Police Station for the offences punishable under Sections 392 and 411 of the Indian Penal Code, by this application is seeking his release on bail after filing of the charge sheet.

Heard both sides.

It is case of the prosecution that the applicant and other co-accused forcibly and by threatening First Informant Kamlesh Kumar had taken his Bolero Pickup Van which was loaded with the agricultural produced Parwal. According to the prosecution, the applicant was identified by the First Informant.

It is not in dispute that co-accused Gaurav Kumar Yadav is directed to be released on bail by the coordinate

Patna High Court CR. MISC. No.49197 of 2022(2) dt.23-12-2022 2/3 Bench of this Court vide order dated 16.12.2022 passed in Criminal Misc. No. 51912 of 2022. The allegation against the applicant are identical. Hence, on the principle of parity, the applicant deserves to be released on bail and therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 103 of 2022 registered with Kursela Police Station for the offences punishable under Sections 392 and 411 of the Indian Penal Code be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) and on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trail court in expeditious disposal of the trial against him. (III) The applicant/accused should not tamper with the prosecution evidence in any manner.

(IV) The applicant should not repeat

Patna High Court CR. MISC. No.49197 of 2022(2) dt.23-12-2022 3/3 commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections if any forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the appellant/accused.

(A. M. Badar, J) Bhardwaj/-P.S.

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