Daulat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8160 of 2020 Arising Out of PS. Case No.-378 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Daulat Kumar, aged about 20 years (M), Son of Sri Shibu Sah Resident of Village - Pachamba, P.S.- Muffasil, Dist.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-07-2020 Heard Mr. Amit Kumar Anand and Mr. Lalmani Sharma, learned counsel for the petitioner and Mr. Anil Kumar, learned APP through video conferencing.

In this case, the petitioner is seeking bail in connection with Muffasil P.S. Case No. 378 of 2019 registered for offences under sections 395 and 402 of the Indian Penal Code and subsequently aded Section 25 (1-b)a, 26(2) and 35 of the Arms Act.

Earlier, the petitioner had moved before this Court for grant of bail and this Court, vide order dated 25.11.2019, rejected the prayer for bail of the petitioner with a liberty to renew his prayer for bail after completing nine months' of his judicial custody.

Patna High Court CR. MISC. No.8160 of 2020(3) dt.08-07-2020 2/2 The petitioner is languishing in jail custody since 25.7.2019 and, thus, by and large, he has completed one year of judicial custody.

Looking to the period of custody as also considering the entire facts and circumstances of the case, let the petitioner, above named, be released on bail on 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, Begusarai in connection with Muffasil P.S. Case No. 378 of 2019, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) rishi/- U T