Prince Kumar @ Priyansh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72828 of 2024 Arising Out of PS. Case No.-287 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== Prince Kumar @ Priyansh Kumar Son of Hari Mohan Singh R/O Vill.- Champapur, P.S.- Bakhtiarpur, Dist.- Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-01-2025 Heard Mr. Vaishnavi Singh, learned counsel appearing on behalf of the petitioner and Mr. Binod Kumar, learned APP for the State.
2. Petitioner, who is in custody since 28.08.2024 seeks regular bail in connection with Bakhtiyarpur P.S. Case no.287 of 2024 registered for offences punishable under Sections 147, 148, 149, 341, 342, 323, 386, 379, 427, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, the petitioner, along with other co-accused persons, kidnapped the informant and assaulted him brutally with an intention to kill him.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and has
Patna High Court CR. MISC. No.72828 of 2024(3) dt.17-01-2025 2/3 falsely been implicated in the present case. From bare perusal of the FIR, it would appear that he was a member of the mob and he has been implicated in the present case only for the reason that three criminal cases are pending against him, in which he is on bail. It is further submitted that no firearm injury is said to have been caused to any person. Learned counsel further submitted that similarly situated co-accused have also been granted bail by this Court vide order dated 13.12.2024 passed in Cr. Misc. No.72423 of 2024 and vide order dated 31.08.2024 passed in Cr. Misc. No.55726 of 2024. On these grounds the petitioner seeks to be released on bail.
5. Learned APP appearing on behalf the State vehemently opposed the prayer for grant of bail.
6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - III, Barh, Patna/ successor court in connection with Bakhtiyarpur P.S. Case no.287 of 2024 subject to the following conditions:
(i) Bailors should be local having sufficient
Patna High Court CR. MISC. No.72828 of 2024(3) dt.17-01-2025 3/3 immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) 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. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(v) The learned District Court is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J.) Ashishsingh/- U T