Prince Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55954 of 2019 Arising Out of PS. Case No.-333 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== Prince Singh Aged 20 years (Male) Son of Bidya Bhushan Resident of Village - Thelma, P.S.- Ram Krishna Nagar, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Mrityunjay Kumar, Advocate For the Opposite Party :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Jakkanpur P.S. Case No. 333 of 2019.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of dispute relating to sale and purchase of motor cycle in which both the sides are said to have taken out pistols and fired against each other. It is submitted no injury has been caused to anyone. It is further stated that accusation is general and omnibus in nature and no incriminating article has been recovered from conscious possession of the petitioner, who claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub Judge 1st cum Additional Chief Judicial Magistrate, Patna in

Patna High Court CR. MISC. No.55954 of 2019(2) dt.03-09-2019 2/2 connection with Jakkanpur P.S. Case No. 333 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/- U T