Patna High CourtCR. MISC./83479/2024bail granted

Prince Kumar Alias Samar Kumar v. The State Of Bihar

2024-12-04Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83479 of 2024 Arising Out of PS. Case No.-93 Year-2024 Thana- ALIPUR District- Gaya ====================================================== Prince Kumar alias Samar Kumar Son of Anirudh Sharma @ Anirudh Kumar Resident of Village - Kespa, P.S. - Alipur, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Alipur P.S. Case No. 93 of 2024 registered on 13.07.2024 for the alleged offences under Sections 317(4), 317(5), 318(4) of B.N.S.

3. As per prosecution case, petitioner was apprehended riding a stolen motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner has no concern with the motorcycle shown to be recovered from him. Petitioner was made accused in altogether four cases and out of which in two cases he has been

Patna High Court CR. MISC. No.83479 of 2024(2) dt.04-12-2024 2/3 acquitted and in one such cases, he is on bail. Learned counsel further submits that it has been wrongly typed in the rejection order that petitioner is accused in seven cases. Petitioner is in custody since 14.07.2024 and charge-sheet has been submitted.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of chargesheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Gaya/concerned court in connection with Alipur P.S. Case No. 93 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the

Patna High Court CR. MISC. No.83479 of 2024(2) dt.04-12-2024 3/3 bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T