Shyam Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.20602 of 2018 (2) dt.14-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20602 of 2018 Arising Out of PS.Case No. -145 Year- 2017 Thana -ARIYARI District- SEKHPURA ======================================================

1. Shyam Kumar, son of Ram Swaroop Mahto,

2. Kripashankar @ Krippa Shankar, @ KripaShankar Kumar, Son of Sri mesh Prasad @ Umesh Mahto Both are resident of village and P.O. Ghuskuri, P.S. Ariyari (Kasar), District Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar, Adv For the Opposite Party/s : Smt. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners, who are in custody since 13.09.2017, have renewed his prayer for bail in connection with S.T. No. 15/2018 arising out of Ariyari (Kasar) P.S. Case No. 145 of 2017 for the offences alleged under Sections 364 and 34 of the Indian Penal Code having earlier been rejected by this Court by order dated 12.01.2018 in Criminal Miscellaneous No. 1887 of 2018.

3. It is submitted that the petitioner has been falsely implicated and in any event in a subsequent development, charges have now been framed on 08.03.2018.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and considering the period of custody already suffered since 13.09.2017,let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sessions Judge, Sheikhpura in connection

Patna High Court Cr.Misc. No.20602 of 2018 (2) dt.14-05-2018 with S.T. No. 15/2018 arising out of Ariyari (Kasar) P.S. Case No. 145 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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. Chandran/BT (Vikash Jain, J) U T