Patna High CourtCR. MISC./6168/2020bail granted

Suraj Kumar v. The State Of Bihar

2020-03-03Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6168 of 2020 Arising Out of PS. Case No.-674 Year-2019 Thana- FATUA District- Patna ====================================================== SURAJ KUMAR Son of Samru @ Sarju Prasad R/O - Rasalpur, P.S.- Fathua, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Bharat Bhushan (APP 156) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Fathua P.S. Case No. 674 of 2019.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged firing on the informant. The petitioner is merely said to be the order giver and in any event no firearm injury has been sustained by anyone as there was misfiring by Rajeev Kumar. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Patna City, in connection with Fathua P.S. Case No. 674 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner.

Patna High Court CR. MISC. No.6168 of 2020(2) dt.03-03-2020 2/2 ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T