Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68537 of 2019 Arising Out of PS. Case No.-252 Year-2019 Thana- HILSA District- Nalanda ====================================================== Vinod Kumar S/o Ramrup Prasad, Resident of Village- Chadaut, P.S.- Hilsa, District- Nalanda.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. Petitioner in the present case is seeking regular bail in connection with Hilsa P.S. Case No. 252 of 2019 registered for the offences punishable under Sections 302, 120(B) and 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is no allegation against the petitioner from the perusal of FIR and the petitioner has no any concern with the alleged occurrence. Learned counsel further submits that the similarly situated accused Ravindra Prasad has been granted privilege of regular bail by a learned Co-ordinate Bench of this Court in Cr. Misc. No. 51925

Patna High Court CR. MISC. No.68537 of 2019(2) dt.04-12-2019 2/3 of 2019 and one of the co-accused Rajesh Kumar has also been granted regular bail by the court below in B.P. No. 1174 of 2019 and the petitioner has remained in custody since 24.06.2019. Learned A.P.P. for the State and learned counsel for the informant have opposed the prayer for bail. Considering the facts and circumstances of the case, wherein the specific allegation of taking away the deceased is against co-accused Jitendra Kumar and Rajesh Kumar and at that point of time the name of this petitioner has not been taken only thereafter the name of the petitioner has been brought and the similarly situated accused Ravindra Prasad has been granted privilege of regular bail by a learned Co-ordinate Bench of this Court in Cr. Misc. No.

51925 of 2019 and one of the co-accused Rajesh Kumar has also been granted regular bail by the court below in B.P. No. 1174 of 2019 and the petitioner has remained in custody since 24.06.2019, let the petitioner above named be released on bail in connection with Hilsa P.S. Case No. 252 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate I, Hilsa, Nalanda, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.68537 of 2019(2) dt.04-12-2019 3/3 (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T