Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21684 of 2023 Arising Out of PS. Case No.-381 Year-2021 Thana- BARH District- Patna ====================================================== SURAJ KUMAR S/O LATE JAY SHANKAR PRASAD SHARMA R/O Village- Nadawan, P.S- Barh, Distt.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-04-2023 Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with S.T. No. 213 of 2022 arising out of Barh P.S. Case No. 381 of 2021 registered for the offence under Section 302 read with Section 34 of the Indian Penal Code and under Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 22.09.2021 and the sole eyewitness has not identified the petitioner in the trial. Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

Patna High Court CR. MISC. No.21684 of 2023(2) dt.05-04-2023 2/2 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 Additional District and Sessions Judge, V, Barh, Patna in connection with S.T. No. 213 of 2022 arising out of Barh P.S. Case No. 381 of 2021.

As a condition of this order, the petitioner should cooperate in the proceeding of the Court below and if the petitioner tries to delay the trial, the Court below is at liberty to pass an appropriate order including the cancellation of bail bonds of the petitioner.

The petitioner will visit Barh Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/Shishir U