Navlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40135 of 2021 Arising Out of PS. Case No.-57 Year-2020 Thana- BHAGWANGANJ District- Patna ====================================================== NAVLESH KUMAR S/o Shiv Nath Choudhary Resident of Village- Deoriya, P.S.- Bhagwanganj, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogendra Kumar, APP For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.

As per the prosecution case, the petitioner is alleged to have fired at one Surya Kant Kumar causing firearm injury in his leg.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No such occurrence as alleged has taken place. The petitioner is in custody since 11.9.2020 and has no criminal antecedent. It is further submitted that the injury on Surya Kant Kumar has been found to be simple in nature.

Patna High Court CR. MISC. No.40135 of 2021(4) dt.10-03-2022 2/2 Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for 1 year 6 months, the Court directs the petitioner to be enlarged on bail in connection with S.Tr. no. 418 of 2020 (arising out of Bhagwanganj P.S. Case no. 57 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge, Masaurhi, District Patna.

It is further directed that the petitioner shall remain present in Court on each date of the trial. In case of the petitioner's absence on any date for reasons not to the satisfaction of the learned Trial Court or in case the learned Trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned Trial Court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial.

(Partha Sarthy, J) Prakash/- U