Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 73557 of 2019 Arising Out of PS. Case No.-89 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Ankit Kumar aged about 24 years, Male, Son of Sri Ram Pravesh Singh Resident of Village- Dhanshi Nayatola, P.S.- Hathauri, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Bela Singh For the Opposite Party/s :

Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

31-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Ahiyapur P.S. Case No. 89 of 2019 registered for the offence under Section 302/34 of the Indian Penal Code.

The F.I.R. has been lodged against unknown in connection with murder of informant's younger brother. It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence. He has falsely been implicated in this case only on the basis of suspicion. There is no eye-witness to the occurrence. It is further submitted that in this case, chargesheet has already been submitted and as such, there is no chance of tampering with the evidence and petitioner is in custody since 07-06-2019, having no criminal antecedent. Considering the aforesaid facts and circumstances, let

Patna High Court CR. MISC. No.73557 of 2019(3) dt.31-01-2020 2/2 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, Muzaffarpur in connection with Ahiyapur P.S. Case No. 89 of 2019, G.R. No. 526 of 2019 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