Birendra Kumar @ Prince v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63478 of 2019 Arising Out of PS. Case No.-73 Year-2018 Thana- AKBARPUR District- Nawada ====================================================== Birendra Kumar @ Prince Son of Upendra Yadav Resident of VillageHardiya Sector (B) Rajauli, P.S.- Rajauli, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Arun, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Akbarpur P.S. Case No. 73 of 2018, registered for the offence punishable under Section 394 of the Indian Penal Code.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. F.I.R is against unknown. During investigation, name of this petitioner transpired in this case. No incriminating article has been recovered from possession of this petitioner. Till date no test identification parade has been held. Charge-sheet has already been submitted. Petitioner is in custody since 21.12.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond

Patna High Court CR. MISC. No.63478 of 2019(3) dt.16-11-2019 2/2 of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Nawada in connection with Akbarpur P.S. Case No. 73 of 2018, subject to the following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T