Prince Kumar @ Govind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58136 of 2015 Arising Out of PS.Case No. -286 Year- 2014 Thana -GHOSI District- JEHANABAD ====================================================== Prince Kumar @ Govind Kumar, Son of Anil Singh, resident of VillageShivdayal Bigha, P.S Nawada, District- Nawada. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Bharat Bhushan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 29-06-2016 Heard learned counsels for the petitioner and the State.
The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.
The prosecution case is that the informant's vehicle was hired by Tarun Kumar for reaching the petitioner and co-accused Vishnu Kumar to Jehanabad. Subsequently Amit Kumar, Himanshu Ranjan and Sanjay Kumar boarded the vehicle on the way, thereafter Sanjay Kumar fired on the chest of the informant and all the accused persons escaped from the scene
Patna High Court Cr.Misc. No.58136 of 2015 (2) dt.29-06-2016 2/3 along with the Bolero vehicle.
It is submitted by learned counsel for the petitioner that the accusation of firing or taking the vehicle is not levelled against the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
Earlier bail application of the petitioner was rejected vide order dated 08.05.2015 passed in Cr. Misc. No. 14931 of 2015 whereby liberty was given to the petitioner to renew his prayer for bail after remaining in custody for one year. The petitioner is languishing in custody since 23.10.2014. Considering the aforesaid facts, let the above named petitioner, 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 Additional Sessions Judge-Vth, Jehanabad in connection with Sessions Trial No. 348 of 2015/472 of 2015 arising out of Ghoshi P.S. Case No. 286 of 2014. The bail bonds of the petitioner shall be accepted on verification of the fact that the petitioner has no criminal antecedent.
The learned court below will be at liberty to cancel the bail bonds of the petitioner in two eventualities i.e. if he
Patna High Court Cr.Misc. No.58136 of 2015 (2) dt.29-06-2016 3/3 defaults for two consecutive occasions or substantially gets involved in some serious nature of offence.
(Dinesh Kumar Singh, J) DKS/- U T