Pritam Kumar @ Imran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82635 of 2019 Arising Out of PS. Case No.-144 Year-2019 Thana- IMAMGANJ District- Gaya ====================================================== Pritam Kumar @ Imran Son of Kameshwar Thakur @ Kammeshwar Thakur Resident of Village - Raniganj, P.S.- Imamganj, District - Gaya ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shailesh Kumar, Advocate For the Opposite Party :

Mr.Abhay Kumar Roy, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2019 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offence punishable under section 307 and other ancillary sections of the Indian Penal Code read with section 27 of the Arms Act.

Two motorcycle borne miscreants, in an attempt to kill the informant, fired at him when he was returning to his house after closing his shop at 7.45 PM.

Learned counsel for the petitioner submits that because of earlier scuffle of the petitioner with the informant over defective ornaments sold to him, the petitioner has falsely been implicated in this case due to suspicion. Petitioner is in custody in the instant case since 10.9.2019 having no criminal antecedent. Similarly situated co-accused Amanullah Khan has already been allowed bail by a bench of this Court vide order dated 18.11.2019, passed in Cr.Mis.No. 73421 of 2019. In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.82635 of 2019(2) dt.12-12-2019 2/2 each to the satisfaction of the Addl. Chief Judicial Magistrate, Sherghatti, Gaya in Imamganj Police Station Case No. 144 of 2019, on the following conditions:-

(1) Petitioner shall co-operate 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 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) Shashi U T