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Patna High Court - Orders

Priyanshu Shekhar Kumar @ Priyanshu ... vs The State Of Bihar on 10 October, 2018

Author: S. Kumar

Bench: S. Kumar

                                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       Criminal Miscellaneous No.59103 of 2018

                         Arising Out of PS. Case No.-34 Year-2018 Thana- JALALPUR District- Saran
                 ======================================================
                 Priyanshu Shekhar Kumar @ Priyanshu Shekhar Singh, Son of Sanjay Singh, Resident of
                 Village- Naini, Dakshin Tola, P.S.- Chapra Muffasil, District- Saran at Chapra.

                                                                                        ... ... Petitioner/s
                                                         Versus
                 The State of Bihar.

                                                                           ... ... Opposite Party/s
                 ======================================================
                                                    with
                                  Criminal Miscellaneous No. 60787 of 2018

                         Arising Out of PS. Case No.-35 Year-2018 Thana- JALALPUR District- Saran
                 ======================================================
                 Priyanshu Shekhar Kumar @ Sonu @ Priyanshu Shekhar Singh son of Sanjay Singh, resident
                 of Village- Naini, Dakshin Tola, P.S. Chapra Muffassil, District- Saran at Chapra.

                                                                                        ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In Criminal Miscellaneous No. 59103 of 2018)
                 For the Petitioner/s      :       Mr. Dewendra Narayan Singh, Adv
                 For the Opposite Party/s :        Mr. Ahtash Ali Khan, APP
                 (In Criminal Miscellaneous No. 60787 of 2018)
                 For the Petitioner/s      :       Mr. Dewendra Narayan Singh, Adv
                 For the Opposite Party/s :        Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. KUMAR
                                    ORAL ORDER
3   10-10-2018

In Criminal Miscellaneous No. 59103 of 2018 Heard learned counsel for the parties.

Petitioner seeks bail in Jalalpur P.S. Case No. 34 of 2018 registered for the offence punishable under Sections 392 of the Indian Penal Code.

Informant has alleged that on 14.03.2018 at about 10:00 am when she along with her daughters went to the Temple then three unknown miscreants snatched golden chain of her daughter Nisha worth Rs. 32,000/- after pointing pistol on her.

It has been submitted on behalf of the petitioner that the Patna High Court Cr.Misc. No.59103 of 2018(3) dt.10-10-2018 2/3 petitioner has committed no offence and has been implicated in this case on suspicion. Petitioner is in custody since 09.04.2018.

In Criminal Miscellaneous No. 60787 of 2018. Heard learned counsel for the parties.

Petitioner seeks bail in Jalalpur P.S. Case No. 35 of 2018 registered for the offence punishable under Sections 414 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

Allegation against the petitioner is of recovery of one loaded country made katta.

It has been submitted on behalf of the petitioner that the petitioner has committed no offence and has been implicated in this case on suspicion. Petitioner is in custody since 15.03.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail after completing Nine Months of custody in jail, upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Saran at Chapra, in connection with Jalalpur P.S. Case No. 34 of 2018 and Jalalpur P.S. Case No. 35 of 2018 with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.
(3) If the petitioner tampers with the evidence Patna High Court Cr.Misc. No.59103 of 2018(3) dt.10-10-2018 3/3 or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/-

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