Jhunnu Kumar @ Jhunu Kumar @ Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79679 of 2018 Arising Out of PS. Case No.-31 Year-2018 Thana- KHUDWA District- Aurangabad ====================================================== Jhunnu Kumar @ Jhunu Kumar @ Ashutosh Kumar, Son of Akhilesh Yadav @ Akhileshwar Kumar, Resident of Village- Bandhu Bigha, P.S.- Obra, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 19.11.2018 in connection with Khudwan P.S. Case No.31 of 2018 registered for the offence under Sections 302, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the main allegation is attributed to one Sujeet Shukla and not the present petitioner. The allegation of firing though stated and attributed to him is said to have hit one Vinay Paswan whose injury has been found to be simple in nature. Learned counsel for the petitioner further submits that the petitioner has no criminal history and shall abide by the terms and conditions

Patna High Court Cr.Misc. No.79679 of 2018(3) dt.21-02-2019 2/3 of the court, if enlarged on bail.

In view of the aforementioned facts and circumstances and that, admittedly, the firing which is said to have been made at the hands of the petitioner, accidentally hit one Vinay Paswan, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar, DistrictAurangabad, in connection with Khudwan P.S. Case No.31 of 2018, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

Patna High Court Cr.Misc. No.79679 of 2018(3) dt.21-02-2019 3/3

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Rakesh/PNM U T