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Patna High CourtCR. MISC./46767/2019bail granted

Prince Kumar @ Avijeet Kumar v. The State Of Bihar

2019-07-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46767 of 2019 Arising Out of PS. Case No.-69 Year-2018 Thana- SARAI District- Vaishali ====================================================== Prince Kumar @ Avijeet Kumar, Son of Nand Kishore Singh Resident of village- Husena Khurd, P. S.- Garaul, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence under Sections 394 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is in custody since 02.11.2018. The FIR of the occurrence of robbery is against unknown.

Submission is that during investigation petitioner was never put on TIP nor any incriminating article was recovered from his possession. Petitioner was booked for the reason that petitioner has got criminal antecedent and only criminal antecedent cannot be a ground to refuse the prayer for bail unless some material showing involvement of the petitioner in the crime alleged is there.

Considering the aforesaid fact, let the petitioner, above named, be released on bail, on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below

Patna High Court CR. MISC. No.46767 of 2019(2) dt.30-07-2019 2/2 where the case is pending in connection with Sarai P.S. Case No.69 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court below having immovable property in his name.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) khushbu/- U T