Patna High CourtCR. MISC./62663/2017bail granted

Prakash Kumar v. The State Of Bihar

2018-01-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62663 of 2017 Arising Out of PS.Case No. -811 Year- 2016 Thana -BIHTA District- PATNA ======================================================

1. Prakash Kumar, Son of Jitendra Chaudhary, Resident of Village- Balaur, Police Station- Udwantnagar, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2018 Heard the parties.

The petitioner seeks regular bail in Bihta P.S. Case No.811 of 2016 registered for the offence under Section 302/34 of the I.P.C. and Section 27 of the Arms Act.

Petitioner is not named in the F.I.R. It appears that his name transpired on the basis of his self confessional statement in course of investigation. There is nothing against him. Submission of the learned counsel for the petitioner is that co-accused, Manish Kumar, has already been granted bail by this Court vide order dated 17.07.2017 passed in Cr.Misc. No.27947/17. Further submission is that he is in custody since 26.05.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.62663 of 2017 (2) dt.11-01-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M., Danapur, Patna, in Bihta P.S.Case No.811 of 2016 subject to the conditions that (1) one of the bailors must be local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The petitioner will not induce any witness or tamper with the evidence. (3) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) AnilKrSinha/- U