Parmod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65500 of 2018 Arising Out of PS. Case No.-591 Year-2017 Thana- FATUA District- Patna ====================================================== Parmod Kumar Son of Suresh Singh Resident of Village-Buddu Chak,P.S. Fatuha,Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar For the Opposite Party/s :

Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with S.Tr. 567 of 2018 arising out of Fatuha P.S.Case No.591 of 2017 registered for offences punishable under Sections 341, 323, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner is of firing on the informant causing injury to him. A supplementary affidavit has been filed showing that the petitioner is accused one more case.

Submission of the learned counsel for the petitioner the injury is on the arms which are not vital part of the body and opinion has been kept reserved and moreover the petitioner is in custody for eight months.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that the petitioner is habitual criminal and he is absconding in

Patna High Court Cr.Misc. No.65500 of 2018(3) dt.28-11-2018 2/2 another case also and in this case also he has fired on the informant causing injury to him without any rhyme or reason. Having heard both sides and considering the period of custody of the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Patna City District Patna in connection with S.Tr. 567 of 2018 arising out of Fatuha P.S.Case No.591 of 2017.

With following conditions :

(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 will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T