Jainish Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5394 of 2020 Arising Out of PS. Case No.-406 Year-2019 Thana- CIVIL LINE District- Gaya ====================================================== JAINISH KUMAR @ RAJA Son of Late Sunil Kumar Jha Resident of Muhalla Chand Choura, Nai Sadak P.S. Vishnupad, District- Gaya. At Present Resident of Village - Manpur, P.S. - Gaya (Muffasil), District - Gaya (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha, Adv For the Opposite Party/s :

Mr.Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-05-2020 The matter has been taken up through video conferencing.

Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Section 302 of the Indian Penal Code and 27 Arms Act.

The FIR of the occurrence of murder is against unknown allegedly caused by 3 to 4 criminals on white coloured four wheeler. During investigation, the spy of the police reported about the involvement of the petitioner in the occurrence alleged. Petitioner has stated on oath that he has got no criminal antecedent prior to the present case, rather two cases were lodged against the petitioner subsequently alleging therein that a firearm was recovered from the garbage and liquor was recovered from a tempo and the same was of the petitioner. Petitioner is in custody since

Patna High Court CR. MISC. No.5394 of 2020(3) dt.28-05-2020 2/2 20.09.2019. Investigation of the case is already complete. Considering the entire facts of this case aforesaid especially the fact that there is no substantial material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Gaya Civil Line Police Station Case No.406 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

If the petitioner would not be able in furnishing sureties due to lock-down, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.

(Birendra Kumar, J) Nitesh/- U T