Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2702 of 2019 Arising Out of PS. Case No.-190 Year-2018 Thana- TEGHRHA District- Begusarai ====================================================== Suman Kumar (Gender Male, aged about 22 years) s/o Shyam Chaudhary Resident of Village-Kelawaari, P.S.-Teghra District-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Malay Kumar Choudhary For the Opposite Party/s :

Mr.R.N.Jha(App46) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Teghra P.S. Case No. 190 of 2018 registered for the offence punishable under Sections 302/34/120B of the Indian Penal Code and Section 27 of the Arms Act.

Informant in her fardbeyan has stated that her husband received a call on his mobile from FIR named accused Venkatesh who demanded one Submersible Pump for free but her husband denied. Thereafter two boys came to the shop of the husband of the Informant and asked for a Pump and when the staff of the shop went inside the shop to take out Pump, the two boys fired five bullets on her husband on account of which he fell down and was taken to Hospital for treatment but during the course of treatment he died.

Patna High Court Cr.Misc. No.2702 of 2019(3) dt.25-02-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is not named in the FIR. Petitioner has not been put on TIP till date. No incriminating material has been recovered from the possession of the petitioner. Chargesheet has already been submitted in this case. Petitioner is in custody since 25.07.2018.

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/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Teghra P.S. Case No. 190 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence

Patna High Court Cr.Misc. No.2702 of 2019(3) dt.25-02-2019 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/- U