Piyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 81681 of 2019 Arising Out of PS. Case No.-188 Year-2019 Thana- KOTWALI District- Munger ====================================================== Piyush Kumar Male aged about 27 years, Son of Ram Virsha Mandal @ Sukho Mandal Resident of Village - Mogal Bazar, P.S.- Kotwali, DistrictMunger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neeraj Kumar alias Sanidh For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

11-12-2019 Heard learned counsel for the parties.

The petitioner seeks bail in Kotwali (Vasudeopur) P.S. Case No. 188 of 2019 (S.T. No. 276/19) registered for the offence under Section 307 & other allied Sections of the Indian Penal Code and Section 27 of the Arms Act.

As per F.I.R., the allegation against the petitioner is that he shot fire on the right hand of the informant causing injury to him and other accused persons have also given firearm injury to the informant side. It is submitted on behalf of petitioner that as per injury report, the injury caused to the informant is stated to be simple in nature. It is further submitted that one of the coaccused namely Prince Kumar @ Golu has been granted bail by this Court, vide order dated 03-12-2019 passed in Cr.Misc. No. 78559 of 2019. In this case, chargesheet has also been submitted

Patna High Court CR. MISC. No.81681 of 2019(2) dt.11-12-2019 2/2 and as such, there is no chance of tampering with the evidence and petitioner is in custody since 31-05-2019. 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 IInd Additional Sessions Judge, Munger in connection with Kotwali (Vasudeopur) P.S. Case No. 188 of 2019 (S.T. No. 276/19) 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