Kishan Kumar @ Kishan Kumar Pradhan @ Kishan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7865 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- LADANIA District- Madhubani ====================================================== KISHAN KUMAR @ KISHAN KUMAR PRADHAN @ KISHAN Son of AJAY PRADHAN Resident of Village-Khutauna, P.S.-Khutauna, DistrictMadhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-08-2021 In view of sudden resurgence of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned Counsel for the petitioner and the learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in Ladaniya PS Case No. 148 of 2020, registered under Sections 395, 170, 34 of the Indian Penal Code.

It is alleged that the petitioner along with four accused

Patna High Court CR. MISC. No.7865 of 2021(4) dt.09-08-2021 2/3 persons, posing as police officials, intercepted the truck of the informant and looted cash, mobile phone and other articles. Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner. No incriminating article has been recovered from his possession. Till date no T.I. Parade has been done. Petitioner is in custody since 26.07.2020. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 8028 of 2021.

Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Madhubani in Ladaniya PS Case No. 148 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 petitioner.

Patna High Court CR. MISC. No.7865 of 2021(4) dt.09-08-2021 3/3 (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.

(Madhuresh Prasad, J) rakhi/- U T