Shibam Kumar @ Shibnandan Kumar @ Shiban Kumar @ Shibam v. The State Of Bihar

Patna High Court Cr.Misc. No.24821 of 2018 (2) dt.03-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24821 of 2018 Arising Out of PS.Case No. -17 Year- 2018 Thana -CHAUSA District- MADHEPURA ====================================================== Shibam Kumar @ Shibnandan Kumar @ Shiban Kumar @ Shibam S/o Manoj Mehta, R/o Vill.- Rambagh, Udakishunganj, P.S.- Uda-Kishunganj, District- Madhepura.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pawan Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 23.01.2018 in connection with Chausa P.S. Case No. 17 of 2018 for the offences alleged under Sections 354, 354(B)/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the allegations are general and omnibus against the petitioner and two other co-accused persons. Similarly situated co-accused Shrawan Kumar has been granted bail by a Coordinate Bench of this Court in Cr. Misc. No. 19892 of 2018. It is submitted that the charge sheet has already been submitted after police investigation and there is no chance of tampering with the witnesses. The petitioner claims clean antecedents.

Patna High Court Cr.Misc. No.24821 of 2018 (2) dt.03-05-2018

4. 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/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, UdaKishunganj, District- Madhepura, in connection with Chausa P.S. Case No. 17 of 2018, 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.

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