Shubhankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79620 of 2018 Arising Out of PS. Case No.-343 Year-2018 Thana- RUPASPUR District- Patna ====================================================== Shubhankar Son of Ajay Kumar Singh Resident of Village - Athri, P.S.- Runni Saidpur, District - Sitamarhi at present R/o- Boring Road, Shivpuri, P.S.- Shastri Nagar, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Parashar For the Opposite Party/s :

Mr.Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Rupaspur P.S. Case No. 343 of 2018 registered for the offence punishable under Sections 326, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant has stated in his fardbeyan that on 09.08.2018 when he along with his friends were going to Digha Ghat Bridge petitioner along with other co-accused started firing upon them as a result of which he sustained firearm injury on his thigh thereafter informant along with other friends fled away and he was taken to the hospital.

Patna High Court Cr.Misc. No.79620 of 2018(3) dt.18-02-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to enmity. Nothing has been recovered from the possession of the petitioner. He is in custody since 21.08.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Danapur, in connection with Rupaspur P.S. Case No. 343 of 2018 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/her absence on two consecutive dates without sufficient reason, his/her 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,

Patna High Court Cr.Misc. No.79620 of 2018(3) dt.18-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/manojU T