Atish Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33722 of 2020 Arising Out of PS. Case No.-2 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== ATISH SAH, Son of Sri Rajgir Sah, Resident of Village - Ninga, P.O. - Mirzapur Chand, P.S. - Barauni, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasiya, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-12-2020 The matter has been taken up through virtual Court proceeding.

Let the defects, if any, be removed within two weeks after start of the physical Court.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the informant is not an eyewitness of the occurrence of murder. Rather suspicion has been raised against the petitioner and others. Petitioner is in custody since 11.02.2020. Petitioner has stated on oath that he has got no criminal antecedent. Investigation of the case is already complete against the

Patna High Court CR. MISC. No.33722 of 2020(2) dt.17-12-2020 2/2 petitioner.

Considering the entire facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Barauni Police Station Case No. 02 of 2020, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T