Narayan Jee @ Narayan Kumar @ Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31885 of 2017 Arising Out of PS.Case No. -466 Year- 2016 Thana -CHAPRA TOWN District- SARAN ====================================================== Narayan Jee @ Narayan Kumar @ Satish Kumar Son of Ishwar Sah, Resident of Mohalla- Mouna (Sadha Road), P.S.- Chapra Town, DistrictSaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 29.05.2017 in connection with Chapra Town P.S. Case No. 466 of 2016 for the offences alleged under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and the petitioner has not been named in the F.I.R. He has been implicated merely because he happens to be the brother of the F.I.R. named accused Nandan Kumar who is said to be the person who has fired upon the deceased. The said co-accused Nandan Kumar has since been granted bail by this Court in Cr. Misc. No. 8990 of 2017. The petitioner claims clean antecedents.

4. Learned counsel for the informant appears suo motu and opposes the bail petition.

5. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.31885 of 2017 (2) dt.13-07-2017 2/2 (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Town P.S. Case No. 466 of 2016, 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.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T