Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9667 of 2020 Arising Out of PS. Case No.-173 Year-2018 Thana- District- Begusarai ====================================================== GULSHAN KUMAR Son of Binay Kumar Singh Resident of VillageAmaraur, P.S.- Mufassil (Singhaul O.P.), Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilesh Kumar, Advocate For the Opposite Party/s :

Mr.Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-07-2020 This matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation is that petitioner and others made firing causing death of the father of the informant. Submission is that allegation of firing is against three persons. However, doctor has found only two injuries on the person of the deceased. The petitioner is in custody since 30.01.2019.

Earlier prayer for bail was refused on 16.11.2019 in

Patna High Court CR. MISC. No.9667 of 2020(3) dt.06-07-2020 2/2 Cr. Misc. No.51230 of 2019 with liberty to renew the prayer after framing of the charge.

Submission is that charges have already been framed. There is no chance of conclusion of trial in near future due to Covid-19 effect.

Considering the submission aforesaid, 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 the learned Court-below where the case is pending in connection with Matihani P.S. Case No.173 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T