Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2151 of 2020 Arising Out of PS. Case No.-316 Year-2019 Thana- PATNA CITY CHOWK District- Patna ====================================================== Sunil Kumar Son of Manoj Mahto Resident of Village - Jamuni Ray Ka Kuan, Patna City, P.S.- Khajekalan, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-05-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Chowk P.S. Case No. 316 of 2019, registered for the offences punishable under Section 302 of the Indian Penal Code and section 27 of the Arms Act. As per prosecution case, on 19.09.2019 at about 19.30 the informant received information that one person was shot dead at R.O.B. thereafter, the informant reached at the said place and saw that one person was lying in injured condition. Thereafter, the informant along with other took the injured to the N.M.C.H., Patna for treatment, but during course of

Patna High Court CR. MISC. No.2151 of 2020(4) dt.29-05-2020 2/3 treatment he died. On the basis of aforesaid statement, the present case was lodged.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner has committed no offence. FIR is against unknown. It is further submitted that Nazia daughter of co-accused Hasna Khatoon and deceased was having love affair. Petitioner is in custody since 25.09.2019.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 2nd, Patna City in connection with Chowk P.S. Case No. 316 of 2019 subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.2151 of 2020(4) dt.29-05-2020 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T