Kamal Thakur @ Kamal Chandra Pramanik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49056 of 2018 Arising Out of PS.Case No. -157 Year- 2018 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Kamal Thakur @ Kamal Chandra Pramanik, Son of Kadu Thakur, Resident of Mohalla- Malikpur, P.S. Azamnagar, Dist.- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mira Kumari For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Azamnagar P.S.Case No.157 of 2018 , registered for offences punishable under Sections 302/120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is against one Hare ram Singh of firing causing death and the petitioner has also been named in the FIR.

Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case only on the basis of suspicion, which will appear from the FIR itself and the allegation of firing is on Hare Ram Singh.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.49056 of 2018 (2) dt.27-08-2018 2/2 Heard the parties.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM- VI, Katihar in connection with Azamnagar P.S.Case No.157 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T