Shiv Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18377 of 2017 Arising Out of PS.Case No. -119 Year- 2016 Thana -CHANDRADEEP District- JAMUI ====================================================== Shiv Kumar Das, Son of Sitaram Das, @ Sitaram Ravidas, resident of Village Kodwariya, P.S. Chandradeep, District- Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and the State. Petitioner is in custody in connection with Chandradeep P.S. Case No. 119 of 2016 for the offence under sections 307, 385 of the Indian Penal Code and Section 27 of the Arms Act.

Counsel for the petitioner submits that there is unexplained delay of 15 days in lodging of the FIR and as such he has been falsely implicated in this case. He further submits that the petitioner has no criminal antecedent and the statement to that effect has been made in para-3 of the petition. From the injury report, it appears that there is abrasion bruise and lesseraties wound from the right side on ear with local area.

Patna High Court Cr.Misc. No.18377 of 2017 (6) dt.30-08-2017 2/2 Having regard to the fact that the petitioner has no criminal antecedent as per statement made in para-3 and the fact that the petitioner is in custody since 19.12.2016 and also the fact that there is unexplained delay of 15 days in lodging of the FIR, the court is inclined to enlarge the petitioner on bail, let the petitioner named above, 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 Shri N.K. Yadav, J.M. 1st Class, Jamui or successor court in connection with Chandradeep P.S. Case No. 119 of 2016 on the condition that one of the bailors should be father of the petitioner with further condition that the petitioner will extend full cooperation in the trail and will not in any manner, tamper with the evidence or influence the witnesses. (Anil Kumar Upadhyay, J) Ravi/- U T