Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32056 of 2020 Arising Out of PS. Case No.-141 Year-2018 Thana- TAJPUR District- Samastipur ====================================================== RAMESH KUMAR S/O Ashok Sahni Resident of Village - Mahmadpur, P.S. Tajpur, Distt. Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy, Adv.

For the Opposite Party/s :

Mr. Rampriya Sharan Singh, Incharge PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-12-2020 The office has pointed out several defects to which learned counsel for the petitioner assures that he shall remove the defects within four weeks from the date when Court starts physical function.

Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner is in custody since 01.06.2018 and seeks bail in connection with Tajpur (Halai) P.S. Case No.141/2018 registered for the offences punishable under Sections 341, 323, 324, 307, 34 IPC and under Section 25(1-B)A, 26, 27, 35 Arms Act. Perusal of impugned order goes to show that out of six charge sheet witnesses four prosecution witnesses have already been examined and the case is running for recording the statement of I.O. as well as one other police official. The impugned order further goes

Patna High Court CR. MISC. No.32056 of 2020(2) dt.10-12-2020 2/2 to show that prosecution witnesses who have been examined in this case have not supported the prosecution story, moreover, petitioner does not have any criminal antecedent, which is evident from perusal of para-3 of the petition.

Accordingly, let the petitioner above named, be released on bail provisionally till four weeks from the date when the Court starts physical function, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Second Additional Sessions Judge cum Special Judge, Excise Act, Samastipur in connection with Tajpur (Halai) P.S. Case No.141/2018.

However, it is made clear that if, petitioner removes the defects within the above stated period, the provisional bail shall be deemed to be confirmed.

(Hemant Kumar Srivastava, J) Prakash Narayan /- U T