Anupam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17988 of 2020 Arising Out of PS. Case No.-461 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== ANUPAM KUMAR Son of Anil Kumar Rai Resident of Village - Mahana Road, Ward no.9, P.S.- Motipur, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 05-06-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant who is mother of the deceased has alleged that Anupam Kumar (petitioner) took away his deceased son Kundan Kumar by motorbike and at that time, Kundan Kumar had cash of Rs.40,000/- but later on, informant got information about killing of her son and on enquiry, she came to know that some unknown had shot dead her son.

Patna High Court CR. MISC. No.17988 of 2020(2) dt.05-06-2020 2/3 It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case merely on the basis of suspicion. It is further submitted that FIR has been lodged after delay of 6 days. Charge-sheet has already been submitted. Petitioner has no criminal antecedent and he is in custody since 08.11.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Motipur P.S. Case No. 461/2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of

Patna High Court CR. MISC. No.17988 of 2020(2) dt.05-06-2020 3/3 bail of the petitioner.

(S. Kumar, J) Sanjay/- U T