Sujit @ Natha @ Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7013 of 2017 Arising Out of PS.Case No. -281 Year- 2016 Thana -SHRIKRISHNAPURI District- PATNA ====================================================== Sujit @ Natha @ Sujit Kumar, son of Sri Nageshwar Prasad, Resident of Mohalla - Shivpuri, Manas Marg, Road No. II, P.S. - Shastri Nagar, District - Patna.

.... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 17-03-2017 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sri S.K. Puri P.S. Case No.281 of 2016 registered under Sections 364 and 395 of the Indian Penal Code.

The accusation is that on 18.10.2016, when the informant was returning from Examination Centre on his bike, in the way, one Pappu and his 2-3 associates took the key of his bike. Thereafter, when the informant started to flee away, they boarded the informant on Swift Car and then Pappu, Sivam, Amar, Natha

Patna High Court Cr.Misc. No.7013 of 2017 (3) dt.17-03-2017 2/3 (petitioner) and their other associates assaulted him by carrying to him at S.K. Puri Road and other places. On alarm being raised by the informant, the neighbours of the informant rushed there and, thereafter, they left the informant and moved from there. Learned counsel appearing on behalf of the petitioner submits that while the petitioner is named in the F.I.R. but no specific overt act has been attributed to him. The petitioner is in custody since 04.11.2016. Further submission is that while the petitioner is accused in seven other cases, as detailed in paragraph6 to the supplementary affidavit filed on behalf of the petitioner, but in all that cases, the petitioner is on bail. Similarly situated coaccused Amar Kumar has already been granted bail by a Bench of this Court vide order dated 22.02.2017 passed in Criminal Misc. No.6555 of 2017.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri P.K. Singh, Additional Chief Judicial Magistrate, Patna, in connection with Sri S.K. Puri P.S. Case No.281 of 2016/G.R. No.6680 of 2016. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving

Patna High Court Cr.Misc. No.7013 of 2017 (3) dt.17-03-2017 3/3 genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. Further, the petitioner shall attend the trial court on each and every date fixed in the case, during the course of the trial. If the petitioner fails to attend the trial court, during the course of the trial, on two consecutive dates, without any reasonable cause being shown, the trial court would be at liberty to cancel the bail bonds of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T