Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35161 of 2018 Arising Out of PS. Case No.-79 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Prince Kumar Son of Raj Ram Singh, resident of Badalpura, Matihari, Mirzapur, P.S.- Matihani, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pritish Kumar Lal For the Opposite Party/s :
Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner, who is in custody, seeks bail in connection with Begusarai Town P.S. Case No. 79 of 2018 registered for the offence punishable under Section 302 and 34 of the Indian Penal Code and Section 27 of Arms Act. Informant is the wife of deceased, who in her written complaint has stated that on 05.02.2018 at about 11.30 AM, her husband had gone to water Bottling plant to attend duty after taking food. At about 12.10 PM she was informed that her husband has been shot by some unknown criminals and has been taken to the doctor for treatment. Thereafter she went to his work place, where she came to know that three
Patna High Court Cr.Misc. No.35161 of 2018(4) dt.14-08-2018 2/3 unknown criminals had come on a motorcycle and one of them remained sitting on the motorcycle and other two came inside, where her husband was lying and one of those two criminals fired on the husband of the informant, and during treatment, the husband of the informant died.
It has been submitted on behalf of the petitioner that petitioner is not named in the F.I.R., his name has surfaced on confessional statement of co-accused Rajnish Kumar and except that there is no incriminating material against the petitioner. It has been further submitted that co-accused, namely, Manish Kumar, Puroshottam Chaudhary and Golu Kumar have already been granted bail by a Co-ordinate Bench of this Court vide order dated 28.06.2018, 11.07.2018 and 13.07.2018 passed in Cr. Misc. No. 32749 of 2018, Cr. Misc. No. 33312 of 2018 and Cr. Misc. No. 33577 of 2018. Petitioner is in custody since 31.03.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released 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 Chief Judicial Magistrate, Begusarai, in connection with
Patna High Court Cr.Misc. No.35161 of 2018(4) dt.14-08-2018 3/3 Town P.S. Case No. 79 of 2018 subject to the following condition:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(S. Kumar, J) veena/- U T