Pinku Singh @ Pinku Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.68906 of 2018 Arising Out of PS. Case No.-601 Year-2018 Thana- SONEPUR District- Saran ====================================================== Pinku Singh @ Pinku Kumar, Son of Sri Manoj Ray, Resident of VillageManpur Sonepur, P.S.- Sonepur, District- Saran. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate, Mr. Nilesh Kumar, Advocate, Mr. Pravin Kumar, Advocate Ms. Swati Sinha, Advocate For the Opposite Party/s :
Mr. Sir Pawan Kumar Chaurasiya (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for petitioner, learned counsel for the informant and learned counsel for the State. Petitioner, who is in custody, seeks bail in connection with Sonepur P.S. Case No. 601 of 2018 registered for the offences punishable under Sections 394, 302 and 34 of the Indian Penal Code.
Informant has alleged in his written complaint that on 23.06.2018 when his son Kundan Kumar (deceased) and his daughter-in-law were going from Najarmeera Chawk, three unknown criminals on motorcycle stopped them and snatched chain and other ornaments of his daughter-in-law and on protest they killed his son by firing upon him and thereafter fled away.
Patna High Court Cr.Misc. No.68906 of 2018(4) dt.17-12-2018 2/3 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has falsely been implicated in this case only on suspicion. He is not named in FIR. He has no concern with the alleged occurrence. The daughter-in-law of informant is keeping on changing her statement. She has implicated petitioner on concocted story. There is delay in institution F.I.R. Petitioner is known to informant and his family from before, however F.I.R. has been instituted against unknown. He has no criminal antecedent and he is in custody since 28.06.2018.
Learned counsel for the informant has opposed the prayer for grant of bail to petitioner Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Saran at Chapra in connection with Sonepur P.S. Case No. 601 of 2018, subject to the conditions:
(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 shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
Patna High Court Cr.Misc. No.68906 of 2018(4) dt.17-12-2018 3/3
(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/ManojU T