Shani Kumar @ Shani Jaiswal @ Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.559 of 2019 Arising Out of PS. Case No.-46 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== Shani Kumar @ Shani Jaiswal @ Sunny Kumar son of Sri Dhurv Prasad @ Dhruv Kumar Resident of Mohalla- Peonibag, P.S.- Bettiah Town, DistrictWest Champaran, Permanent Address- Hat Saraiya Sant Ghat, P.S.- Bettiah Muffasil , District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bettiah Town P.S. Case No. 46 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 302 of the Indian Penal Code. Allegation against petitioner and other co-accused is that they assaulted the nephew of informant due to which he succumbed to the injury.

It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. His name has surfaced in this case in course of investigation on the basis of suspicion. The

Patna High Court CR. MISC. No.559 of 2019(3) dt.06-03-2019 2/3 main allegation is against Chhotu who is said to have caused injury upon the deceased. No incriminating material has been recovered from the possession of petitioner. Similarly placed coaccused, namely Rajnish Kumar @ Atul Kumar has been granted bail by this Hon'ble Court as contained in Annexure-3. Petitioner has no criminal antecedent and he is in custody since 12.10.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Bettiah Town P.S. Case No. 46 of 2018 subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his

Patna High Court CR. MISC. No.559 of 2019(3) dt.06-03-2019 3/3 bail bond.

(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 bail of the petitioner.

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