Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26902 of 2021 Arising Out of PS. Case No.-328 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== SHUBHAM KUMAR SON OF RAMESH SINGH @ RAMESH KUMAR SINGH Resident of Village- Pratap Pur, P.S.- Karja, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-07-2021 Heard Mr. Hari Kishore Thakur, learned counsel for the petitioner and Mr. Kalyan Shankar, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Karja P.S. Case No. 328 of 2019 registered for the offence under Section 307 / 34 of the I.P.C. and Section 27 of the Arms Act. Petitioner renews his prayer for bail inasmuch as earlier bail application of the petitioner was rejected by this court in Cr. Misc. No. 24429 of 2020 granting him liberty to renew his prayer for bail afresh after three months. The prosecution case is that while the informant was returning on his motorcycle he was intercepted by 02 motorcycle borne criminals, who tried to snatch the motorcycle of the informant and when the informant resisted they fired

Patna High Court CR. MISC. No.26902 of 2021(2) dt.07-07-2021 2/3 upon him due to which he received injury in the abdomen. Learned counsel for the petitioner submits that petitioner is in custody since 24/2/2020 and the name of the petitioner has transpired in this case on the basis confessional statement of the co-accused / Amar Kumar Mahto @ Amar Saxena, who has been released on bail by the court below in B.P. No. 1551 of 2020. Learned counsel next submits that charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Having heard learned counsel for the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 24/2/2020, trial is not likely to be concluded in near future due to pandemic, the coaccused has been granted bail by the court below itself and this is 2nd attempt on behalf of the petitioner for grant of bail, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 5th (West) cum Sub Judge, Muzaffarpur in connection with Karja P.S. Case No. 328 of

Patna High Court CR. MISC. No.26902 of 2021(2) dt.07-07-2021 3/3 2019.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T