Umesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67394 of 2021 Arising Out of PS. Case No.-268 Year-2020 Thana- BAISI District- Purnia ====================================================== UMESH KUMAR SINGH Son of Late Yogesh Prasad Singh @ Yogendra Prasad Singh Resident of Village- Bari Basidiara, P.S.- Barari, DistrictKatihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 12-01-2022 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 364 and 120B of the Indian Penal Code.

Earlier prayer for bail of the petitioner has been rejected by this Court vide Cr. Misc. No. 23844 of 2021 dated 06.08.2021 with a direction to the petitioner to renew his prayer for bail after framing of charge.

Informant has alleged in his written complaint that on 30.10.2020 his brother had gone to drive his Tempo but thereafter, did not return and even after much search he could not be located and he received a call from one Manoj

Patna High Court CR. MISC. No.67394 of 2021(2) dt.12-01-2022 2/3 Ray Patrakar, who stated that his brother has been kidnapped from Parmanpur Shaw Mill and Rs. 1,50,000/- is being demanded by kidnappers.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case only being owner of the car which was used by co-accused Sumit Kumar. Charge has been framed in this case on 27.08.2021. Petitioner has no criminal antecedent and is in custody since 13.01.2021. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Xth, Purnea, in connection with Baisi P.S. Case No. 268 of 2021 vide S.T. No. 159 of 2021, subject to conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and

Patna High Court CR. MISC. No.67394 of 2021(2) dt.12-01-2022 3/3 sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/veenaU