Amarjeet Kumar @ Shailendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22009 of 2021 Arising Out of PS. Case No.-82 Year-2019 Thana- NARAINPUR District- Bhojpur ====================================================== Amarjeet Kumar @ Shailendra Kumar Son Of Kaushal Kumar Sahu @ Kausal Kumar Sah Resident Of Village- Narayanpur, P.S.- Narayanpur, District- Bhojpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saket Kumar Singh For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Narayanpur P.S. Case No. 82 of 2019 corresponding to Sessions Trial No. 84 of 2020, registered for the offence punishable under Sections 302/34, 323, 341 of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, on 25.10.2019 at around 4.30 pm, while the informant's son was going to village Narayanpur to bring his mother on his bike, on the way, 3 to 4 unknown miscreants stopped the bike and co-accused Vikash
Patna High Court CR. MISC. No.22009 of 2021(2) dt.16-07-2021 2/3 Kumar fired upon him causing his death on the spot. It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Name of this petitioner has come in this case on the basis of confessional statement of coaccused. Specific allegation of firing is against co-accused Vikash Kumar. Similarly situated co-accused has been granted bail by this Court vide order dated 19.10.2020 passed in Cr. Misc. No. 27098 of 2020. Petitioner claims clean antecedent and he is in custody since 12.08.2020.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XI, Bhojpur at Ara in connection with Narayanpur P.S. Case No. 82 of 2019 corresponding to Sessions Trial No. 84 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
Patna High Court CR. MISC. No.22009 of 2021(2) dt.16-07-2021 3/3 (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T