Kundan Kumar @ Kundan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11859 of 2020 Arising Out of PS. Case No.-110 Year-2019 Thana- MARANCHI District- Patna ====================================================== KUNDAN KUMAR @ KUNDAN SHARMA S/o Mrityunjay Kumar @ Anil Pandey R/o village- Bedhna, Nachale, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Advocate.

Mr. Vijay Anand, Advocate.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Sections 302/201/34 of the Indian Penal Code.

Two persons including the petitioner took the husband of the informant from his house in presence of the informant and thereafter dead body of the husband of the informant was recovered on the next day.

Submission is that very weak circumstantial evidence is there without any motive on the part of the petitioner to commit murder. Petitioner has got no criminal antecedent. Investigation of the case is already complete.

Patna High Court CR. MISC. No.11859 of 2020(2) dt.28-02-2020 2/2 Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (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 Maranchi P.S. Case No. 110 of 2019, 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.

If the petitioner would be found having criminal antecedent that would be a ground for cancellation of bail of the petitioner by the court below itself.

(Birendra Kumar, J) mantreshwar/- U T