Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72708 of 2018 Arising Out of PS. Case No.-86 Year-2018 Thana- PARASBIGHA District- Jehanabad ====================================================== Pintu Kumar, Son of Late Govinddhari Singh, Resident of Village Sarwan, P.S. Rampur Chouram, District- Arwal (Jehanabad). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anita Kumari Singh, Adv.

For the Opposite Party/s :

Mr. Snajay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Parasbigha P.S. Case No. 86 of 2018 registered for the offences punishable under Sections 302, 120B of the Indian Penal Code and under Section 27 of the Arms Act. Informant who is the uncle of the deceased has alleged that when his nephew was coming to Arwal by his motorcycle, some unknown miscreants killed him. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has falsely been implicated in this case. He is not named in FIR. Nothing has been recovered from his possession. Name of the petitioner has surfaced in this case on the basis of confessional statement of other co-accused. He has no criminal antecedent and he is in

Patna High Court Cr.Misc. No.72708 of 2018(2) dt.11-12-2018 2/2 custody since 15.07.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Jehanabad in connection with S.Tr. No. 332 of 2018 arising out of Parasbigha P.S. Case No. 86 of 2018, subject to the conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) 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. (S. Kumar, J) Rajiv/ManojU T