Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20 of 2022 Arising Out of PS. Case No.-365 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== PRINCE KUMAR SON OF RAMJI SAH RESIDENT OF VILLAGEPURANI BAZAR, WARD NO 2, NARKATIAGANJ, P.S- SHIKARPUR, DIST- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-05-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 341, 323, 337, 338, 307, 302, 504 and 34 of the Indian Penal Code.

The son of the informant is subjected to assault by the F.I.R. named accused resultantly he sustained injuries and died. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that there general and omnibus allegation against the petitioner and

Patna High Court CR. MISC. No.20 of 2022(2) dt.10-05-2022 2/3 no specific allegation of assault or any overt act committed by him is attributed to him. He further submits that the co-accused, namely, Ramji Sah has already been granted bail by a co-ordinate Bench of this Court vide order dated 13.07.2021 passed in Cr. Misc. No. 20323 of 2021. The petitioner is rotting in judicial custody since 11.10.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Shikarpur P.S. Case No. 365 of 2020 with the following conditions:-

(1) 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 the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage,

Patna High Court CR. MISC. No.20 of 2022(2) dt.10-05-2022 3/3 it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T