Surendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33880 of 2020 Arising Out of PS. Case No.-7 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Surendra Sah Son of Gena Sah Resident of Village-Mahangua, P.S.-Muffasil Motihari, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-12-2020 This matter has been taken up in virtual Court proceeding.

Let the defects be removed within two weeks after opening of the physical court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 302 of the Indian Penal Code. According to FIR, on the order of this petitioner coaccused assaulted with Bhujali at the head of the deceased. It appears that a compromise petition has been filed by the parties before the Court-below. The petitioner is in custody since 24th of July, 2020. Investigation of the case is

Patna High Court CR. MISC. No.33880 of 2020(2) dt.22-12-2020 2/2 already complete.

Considering the fate of the trial after compromise and nature of allegation against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (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 Motihari Muffasil P.S. Case No.7 of 2019, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T