Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23733 of 2019 Arising Out of PS. Case No.-69 Year-2015 Thana- BARHIYA DistrictLakhisarai ====================================================== SHIVAM KUMAR, aged about 20 years, male, Son of Bipin Singh Resident of Village - Jaitpur, P.S.- Barahia, Distt - Lakhisarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Mrigendra Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 354, 342, 448, 323/34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Barahia P.S. Case No. 69 of 2015.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of previous enmity and village politics. The petitioner is a student and has qualified for RRB examination in the Electrician Trade. A statement is made at the Bar that there is no injury report to support the accusation that the accused persons who are armed with lathi and pistols and that the petitioner assaulted the informant and Aman Kumar with butt of pistol and lathi and also made firing. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named

Patna High Court CR. MISC. No.23733 of 2019(2) dt.16-04-2019 2/2 petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Barahia P.S. Case No. 69 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate 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. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar/Chandran U T