Kunal Kumar Singh @ Kunal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 69180 of 2019 Arising Out of PS. Case No.-619 Year-2017 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Kunal Kumar Singh @ Kunal Singh aged about 42 years (male), Son of Diwakar Singh Resident of Village-Panapur Dharampur, P.S.-Vidupur, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.V.Giri, Sr.Advocate Mr. Sumit Kr. Jha, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, A.P.P.

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

25-11-2019 Heard learned counsel for the parties.

The petitioner seeks bail in Hajipur Town P.S. Case No. 619 of 2017 registered for the offence under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, informant's father, who was posted as Kakshpal at Hajipur Jail, was going to attend his duty and on way, some unknown miscreants shot fire on him causing injury on his head, as a result of which, he died. It is submitted on behalf of the petitioner that petitioner is not named in the F.I.R. During course of investigation in the confessional statement of co-accused namely Krishna Kumar @ Rudal, petitioner's name has come. Save and except this, there is nothing against the petitioner and till date, no T.I.P. has been held. It is further submitted that in

Patna High Court CR. MISC. No.69180 of 2019(2) dt.25-11-2019 2/2 this case, chargesheet has also been submitted and as such, there is no chance of tampering with the evidence against the petitioner. The petitioner is in custody since 26-06-2019. Considering the aforesaid facts and circumstances as well as nature of accusation, 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 learned Chief Judicial Magistrate, Hajipur at Vaishali in connection with Hajipur Town P.S. Case No. 619 of 2017 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 her absence on two consecutive dates without sufficient reason, her 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