Satish @ Satish Kumar @ Sangram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32939 of 2019 Arising Out of PS. Case No.-718 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== SATISH @ SATISH KUMAR @ SANGRAM Son of Radhe Shyam Sahani Resident of Mohalla - Kadamkuan Market, Near Shiv Mandir, P.S.- Kadamkuan, District- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Abhijeet Gautam Mr. Vijay Kishore Bharti For the Opposite Party :

Mr.Dr. Ajeet Kumar For the Informant :

Dr. Om Prakash Om ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-08-2019 Heard learned Counsel for the petitioner, learned Counsel for the informant as well as the learned APP for the State.

The petitioner seeks bail in a case registered under Section 302, 326, 34 of the Penal Code and Section 27 of the Arms Act pending in the Court of Additional Sessions Judge XVIII, Patna.

Counsel for the petitioner submits that as per the prosecution case there is no allegation of any overt act or causing any injury on the deceased. The allegation against the petitioner is similar to that made against co-accused Chhotu who has also been allowed bail in Cr. Misc. No. 36931 of 2019.

Patna High Court CR. MISC. No.32939 of 2019(3) dt.17-08-2019 2/2 Counsel for the informant submits that the petitioner is named in the FIR and that the trial is going on. Considering the aforesaid submissions and the fact that prior to the instant case there is no criminal antecedent of the petitioner this Court is inclined to allow the petitioner's bail having regard to the requirement of parity in consideration with similarly situated co-accused. The prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge XVIII, Patna in Kadamkuan PS Case No. 718 of 2018 (S.T. No. 348 of 2019) on the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.

(Madhuresh Prasad, J) SNkumar/- U T