Prabhat Kumar @ Phultush v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61896 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Prabhat Kumar @ Phultush, Son of Binod Singh, Resident of Village - Sihma, P.S.- Matihani, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shree Niwas Singh, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-12-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 23.06.2019 in connection with Nagar P.S. Case No.14 of 2019 registered for the offence under Section 392 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R., but his name has surfaced in the confessional statement made before the police, which has no evidentiary value. It is further submitted that nothing has been recovered from his conscious possession and till date has has not been placed on T.I. Parade. It is further submitted that in two other cases, the petitioner has already been granted bail and he undertakes to co-operate in any further investigation and also during the course of the trial.

Patna High Court CR. MISC. No.61896 of 2019(3) dt.05-12-2019 2/2 Considering the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai, in connection with Nagar P.S. Case No.14 of 2019, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, son, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate 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. (Anjana Mishra, J) PNM U T