Krishna Kumar @ Kishun Kumar @ Kishan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70725 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- KHAGAUL District- Patna ====================================================== Krishna Kumar @ Kishun Kumar @ Kishan Kumar Son of Amit Kumar Resident of Mohalla - Jakkanpur, P.S.- Jakkanpur, District - Patna ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Deepak Kumar, Advocate For the Opposite Party :
Mr.Ashraf Ansari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2019 Heard learned counsel for the parties.
Petitioner is an accused in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code read with section 27 of the Arms Act.
Informant alleges that the accused persons including the petitioner killed his son Ranjan Kumar at 10.30 PM. Learned counsel for the petitioner submits that the petitioner has been named in the FIR in the last line of the narration part as a suspect due to previous enmity. His name has also transpired in the confessional statement of co-accused Ravish Kumar. Save and except, there is nothing incriminating against him. Similarly situated co-accused Ravish Kumar and Golu Kumar, named in the FIR, have already been allowed bail by different benches of this Court vide orders dated 28.8.2019 and 1.10.2019, passed in Cr.Mis.Nos. 53102 and 60689 of 2019. Petitioner has got no criminal antecedent and he is in custody since 4.9.2019.
In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner,
Patna High Court CR. MISC. No.70725 of 2019(2) dt.25-11-2019 2/2 mentioned above, 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 the Additional Chief Judicial Magistrate V, Danapur in Khagaul Police Station Case No. 70 of 2019, on the following conditions:-
(1) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) Shashi U T