Patna High CourtCR. MISC./51296/2017bail granted

Shiv Shankar Kumar v. The State Of Bihar

2017-11-09Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51296 of 2017 Arising Out of PS.Case No. -382 Year- 2016 Thana -CHHATAPUR District- SUPAUL ====================================================== Shiv Shankar Kumar Son of Bechan Sharma, resident of VillageKatahara, P.S. Chhatarpur, District- Supaul. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kamlendra Pd. Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 14.07.2017 in connection with Chhatapur P.S. Case No. 382 of 2016 for the offences alleged under Sections 302, 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute among the parties who are all family members. The informant claims to be an eye witness and even according to the F.I.R. co-accused Bechan Sharma assaulted the informant's brother with bhala on the left side of chest causing his death. Similarly situated co-accused Ramdeo Sharma has been granted bail by this Court in Cr. Misc. No. 21213 of 2017. The petitioner claims clean antecedents.

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

Patna High Court Cr.Misc. No.51296 of 2017 (2) dt.09-11-2017 satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Chhatapur P.S. Case No. 382 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