Parma Kumar @ Parmanand Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55867 of 2022 Arising Out of PS. Case No.-543 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== PARMA KUMAR @ PARMANAND RAI son of Khakhnu Singh Resident of Village - Saidpur Ganesh (Sahdullahpur), Police Station- Bidupur, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks bail in connection with Bidupur P.S. Case No. 543/2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379, 427 of the Indian Penal Code and Section 27 of the Arms Act and Sections 3⁄4 of the Explosive Substance Act.

As per prosecution case, the petitioner and others are alleged to have exploded bomb outside the school with a view to grab the land of the informant.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is languishing in custody since 23.07.2022

Patna High Court CR. MISC. No.55867 of 2022(2) dt.16-12-2022 2/3 and bears criminal antecedent of one case in which he is bail. The petitioner has no concern with the alleged occurrence made in the FIR. There is no specific overtact against the petitioner and the allegation is general and omnibus allegation in nature. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. On identical allegation co-accused Kapil Singh and Santosh Kumar have already been granted bail by the co-ordinate Bench of this Court vide Cr. Misc. No. 36408/2022 and 15173/2022 and the case of present petitioner stands on similar footing. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, on similar allegation co-accused persons have already been granted bail, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at

Patna High Court CR. MISC. No.55867 of 2022(2) dt.16-12-2022 3/3 Hajipur in connection with Bidupur P.S. Case No. 543/2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T