Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.620 of 2024 Arising Out of PS. Case No.-896 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Prince Kumar, S/O Late Amod Rai R/O Village- Senhuari, P.S- Sadar Hajipur, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Shankar Prasad, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 896 of 2022 for the offences registered under Sections 393, 307 of the Indian Penal Code and Section 27 of Arms Act.

3. As per the prosecution case, when the informant was returning from market on his motorcycle two accused persons stopped his bike and on protest they made firing in air. On hearing the sound of firing nearby people assembled there and on chase one person was caught while other succeeded to flee away. The apprehended person disclosed his name as Bittu Kumar and also disclosed the name of petitioner who succeeded to flee away from the spot.

Patna High Court CR. MISC. No.620 of 2024(3) dt.31-01-2024 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to his seven criminal antecedents. Nothing has been recovered from the possession of the petitioner. No T.I.P. has been conducted in this case. He is in custody since 09.05.2023. It is further submitted that co-accused Bittu Kumar has already been granted bail by the learned Court below. Charge-sheet has already been submitted in this case. There is no chance of tampering with the evidence or absconding of the petitioner.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Hajipur Sadar P.S. Case No. 896 of 2022, subject to following conditions:- (I) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

Patna High Court CR. MISC. No.620 of 2024(3) dt.31-01-2024 3/3 (II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (Sunil Dutta Mishra, J) rakhi/- U T