Shubham Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21840 of 2022 Arising Out of PS. Case No.-108 Year-2020 Thana- Bhagwan Bazar District- Saran ====================================================== Shubham Prasad, Son of Late Bandhu Prasad @ Bandhu Ram, R/o Mohalla Rajendra College Bahari Road, Narayanpur Colony, P.S. Bhagwan Bazar District Saran and Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-08-2022 Prior to the argument, learned counsel for the petitioner submits that due to inadvertence, some unnecessary material has typed in paragraph 2. In this regard, he has also filed a supplementary affidavit.

In this situation, let the petitioner is directed to correct the paragraph-2 in course of the day.

Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sessions Trial No. 271 of 2020 arising out of Bhagwan Bazar P.S. Case No. 108 of 2020 lodged under Sections 302, 201/34 of

Patna High Court CR. MISC. No. 21840 of 2022(3) dt.03-08-2022 2/3 the Indian Penal Code.

As per the prosecution case, there are total 06 persons named in the F.I.R. and their names have figured on the basis of suspicion, as alleged in the F.I.R. itself.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 03.02.2020 having clean antecedent, charge has already been framed in this case and trial has commenced. He further submits that two accused persons named in the F.I.R. have been granted bail by the Coordinate Bench of this Court in vide order dated 13.04.2022 passed in Criminal Miscellaneous No. 31283 of 2021. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VIIth, Saran at Chapra in connection with Sessions Trial No. 271 of 2020 arising out of Bahgwan Bazar P.S. Case No. 108 of 2020, subject to the conditions as laid down under Section 437(3) of

Patna High Court CR. MISC. No. 21840 of 2022(3) dt.03-08-2022 3/3 Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T