Mintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6394 of 2019 Arising Out of PS. Case No.-595 Year-2018 Thana- SHEKHPURA District- Sheikhpura * ====================================================== MINTU KUMAR (Male), aged about 20 years, son of Late Son of Late Murari Ram, Resident of village -Murarpur, P.S. Korma, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr.Rana Randhir Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sheikhpura P.S. Case No. 595 of 2018 registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of Arms Act. Informant in his written complaint has alleged that on 05.09.2018 at about 8:00 P.M. he and his maternal uncle Dashrath Ram were walking in front of their house, suddenly on motorcycle borne 4-5 FIR named accused came there and Hari Kant Ram and Shatrughan Ram shot Dashrath Ram from point blank range and thereafter fled away.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court CR. MISC. No.6394 of 2019(4) dt.05-03-2019 2/3 falsely implicated in this case due to dispute and enmity between the parties. Similarly placed co-accused Ravi Kumar has been granted bail by this court vide order dated 11.02.2019 passed in Cr. Misc. No. 77182 of 2018. Petitioner is in custody since 04.12.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura, in connection with Sheikhpura P.S. Case No. 595 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

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

Patna High Court CR. MISC. No.6394 of 2019(4) dt.05-03-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U