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Patna High CourtCR. MISC./62903/2019allowed

Hari Om Kumar v. The State Of Bihar

2019-11-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62903 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== HARI OM KUMAR Son of Anil Singh @ Sunil Kumar Resident of VillageBihat Tola Makassarpur, P.S-Barauni, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is seeks bail in connection with Barauni P.S. Case No.12/2019 registered under Section 394, 307 of the IPC and 27 Arms Act.

The prosecution case in brief is that one Anuj Kumar Yadav gave his statement before the police on 07.01.2019 stating therein that on 06.01.2019 he was going to Dhanbad from Nepal and in the way at Bihat near Sanjay Petrol Pump he stand his truck due to traffic jam in the meantime three boys came on motorcycle and demanded cash and on refusal that accused fired upon him due to that he sustain injury and local people help him and went to hospital. Accordingly police registered a case against three unknown persons. Learned counsel for the petitioner submits that petitioner is innocent and committed no offence. Learned counsel for the petitioner further submits that petitioner is not named in the FIR and

Patna High Court CR. MISC. No.62903 of 2019(3) dt.20-11-2019 2/2 is in custody since 22.07.2019.

In the facts and circumstances of the case, let the petitioner above named 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 CJM, Begusarai in connection with Barauni P.S. Case No.12/2019, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, 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 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 and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjani Kumar Sharan, J) Prakash Narayan /- U T