Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31215 of 2020 Arising Out of PS. Case No.-219 Year-2017 Thana- ATHMALGOLA District- Patna ====================================================== SHUBHAM KUMAR, Son of Baudhu Singh @ Ram Kumar Singh, Resident of Village - Rampur Dumra, Police Station - Maranchi, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjana, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-02-2021 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 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. Twelve named and four unknown person allegedly committed murder of husband of the informant. Earlier murder of the son of the informant was committed and threat was being given from the jail of dire consequences.

Learned counsel for the petitioner submits that petitioner is in custody since 06.01.2018. Some other coaccused have already been allowed bail by different Coordinate Benches of this Court.

All the prosecution witnesses examined up till now have turned hostile. Only informant is to be examined who is

Patna High Court CR. MISC. No.31215 of 2020(3) dt.02-02-2021 2/2 not appearing even after examination of the Doctor and the Investigating Officer.

Considering the facts aforesaid, 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 the learned Court below where the case is pending in connection with Athmalgola Police Station Case No. 219 of 2017, 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