Chandan Kumar @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 55908 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -BARAHIYA District- LAKHISARAI ====================================================== Chandan Kumar @ Deepak Kumar, Son of Abhay Shankar Singh, Resident of Village + PO - Jaitpur, PS - Barahiya, District - Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Ajay Kumar Thakur, Advocate with M/s Nilesh Kr & Shashank Shekhar, Advs For the Opposite Party/s : Mr Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is accused in Barahiya Police Station Case No 69 of 2017 dated 11.04.2017 registered for the offence punishable under Sections 341, 324, 326, 307, 302/34 of Indian Penal Code.

Counsel for the petitioner has relied upon the statement of the surviving victim Satyam and submits that the specific allegation of assault upon the deceased victim (Shivam) is attributed to Ranjeet Kumar, Saurabh Kumar and Krishna Kumar. So far as the instant petitioner is concerned, the statement of the surviving victim only shows that he was standing at the place of

Patna High Court Cr.Misc. No.55908 of 2017 (3) dt.18-12-2017 2/2 occurrence. No overt act is attributed to the petitioner by the sole eye witness of the case. Prior to the instant case, petitioner has no criminal antecedent. It is further submitted that the petitioner has been implicated merely on the basis of suspicion and that he is in custody in connection with this case since 18.08.2017. Considering the aforesaid submission, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in Barahiya Police Station Case No 69 of 2017 subject to the following conditions:

(1) 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.

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

(Madhuresh Prasad, J) M.E.H./- U T