Patna High CourtCR. MISC./25711/2020bail granted

Santosh Kumar v. The State Of Bihar

2020-09-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25711 of 2020 Arising Out of PS. Case No.-81 Year-2020 Thana- PALIGANJ District- Patna ====================================================== SANTOSH KUMAR Son of Vineshwar Singh Resident of Village - Mohammadpur, P.S.- Paliganj, District - Patna ... Petitioner

Versus

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

For the Petitioner :

Mr.Alok Kumar @ Alok Kr Shahi For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-09-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Paliganj P.S. Case No. 81 of 2020, registered for the offence punishable under Sections 341, 323, 307, 120(B)/34 of the Indian Penal Code. Petitioner is alleged to have fired upon the left arm of the informant.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to enmity. Petitioner is alleged to have caused fire arms injury on left arm of the informant. Both parties are agnates. Charge sheet has also been filed in the case. Petitioner is in custody since 08.03.2020 having clean antecedent as stated in paragraph 3 of this petition.

Patna High Court CR. MISC. No.25711 of 2020(2) dt.30-09-2020 2/2 Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Danapur, Patna in connection with Paliganj P.S. Case No. 81 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T