Narendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18254 of 2022 Arising Out of PS. Case No.-685 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== Narendra Kumar, (Male), aged about 22 years, Son of Sanjiwan Chaudhary, Resident of Village - Amthua, P.s.- Kako, Distt.- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Jehanabad Town P.S. Case No. 685 of 2021 dated 03.11.2021 registered for the offence punishable under Section 302/34 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioner submits that as per the prosecution case, two unidentified miscreants have dashed her husband on the floor and when she has intervened one has fired upon her leg. It is also alleged that her husband has been fired upon, sustaining a fatal gun shot injury on his head. It is submitted by the petitioner's counsel that role of two of the co-accused Ajit Kumar and Syamdeo Kumar has surfaced in the course of investigation based on the mobile tower location near the place of occurrence. Statement of Shyamdeo has led to recovery of the weapon of assault.

As per counsel for the informant it has come in the investigation that petitioner has participated in conspiracy leading to

Patna High Court CR. MISC. No.18254 of 2022(3) dt.02-01-2023 2/2 the killing.

Learned APP for the State has opposed the prayer for bail. Considering the rival submissions and the fact that the coaccused Ajit Kumar has been allowed bail in Cr. Misc. No. 9427 of 2022, as also the fact that petitioner has a clean antecedent and charge sheet has been submitted, as also the period of custody being from 14.11.2021, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Jehanabad, in connection with Jehanabad Town P.S. Case No. 685 of 2021, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) rajkishore/- U