Angad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 73821 of 2019 Arising Out of PS. Case No.-126 Year-2018 Thana- MUSRIGHRARI District- Samastipur ====================================================== Angad Kumar aged about 21 years S/o Dinesh Thakur Resident of VillageKasbe Ahar, P.S.- Tajpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

27-11-2019 Heard learned counsel for the parties.

The petitioner seeks bail in Musrigharari P.S. Case No. 126 of 2018 registered for the offence under Sections 341, 323, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, two unknown persons are said to have fired on the son of the informant, causing injury on his arm, armpit and chest.

It is submitted on behalf of petitioner that petitioner is not named in the F.I.R. He has been made accused on the basis of confessional statement of co-accused Rani Devi. Save and except confessional statement, there is nothing against the petitioner. It is further submitted that in the case, no T.I.P. has been held and petitioner is inside jail since 10-07-2019. In the

Patna High Court CR. MISC. No.73821 of 2019(2) dt.27-11-2019 2/2 case, chargesheet has also been submitted and as such, there is no chance of tampering with the evidence.

Considering the aforesaid facts and circumstances as well as the fact that petitioner's name has come on confessional statement of co-accused, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri P.C.Verma, learned J.M. 1st Class-cumAdditional Munsif, Samastipur in connection with Musrigharari P.S. Case No. 126 of 2018, on the following conditions:

(1) Petitioner shall cooperate 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 on 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.) anay U T