Patna High CourtCR. MISC./5162/2018bail granted

Shanu Kumar @ Shannu Kumar v. The State Of Bihar

2018-01-31Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5162 of 2018 Arising Out of PS.Case No. -958 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Shanu Kumar @ Shannu Kumar, Son of Uma Shankar Singh, Resident of Village- Sarahachia, P.S.- Aurai, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier, the prayer for bail of the petitioner was rejected by this Court taking note of his criminal antecedent but submission on behalf of the petitioner is that the petitioner is in jail custody since 16.10.2015 but even charge could not be framed against the petitioner.

Learned counsel for the petitioner further submits that so far as criminal antecedent of the petitioner is concerned, prior to institution of present case, petitioner was named accused in only one case i.e. Aurai P.S.Case No. 23 of 2013 but subsequently, he was acquitted in the aforesaid case vide judgment dated 07.09.2017 passed in Session Trial no. 452 of

Patna High Court Cr.Misc. No.5162 of 2018 (2) dt.31-01-2018 2/2 2013/337/16. So far as remaining cases as mentioned in Para-3 of the petition are concerned, the same were lodged against unknown persons and petitioner was remanded by the police in the aforesaid cases with mala fide intention.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of the period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Learned 13th Session Judge, Muzaffarpur in connection with Ahiyapur P.S. Case No. 958 of 2015, Session trial no. 274 of 2016.

(Hemant Kumar Srivastava, J) N.K/- U