Shiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33881 of 2020 Arising Out of PS. Case No.-167 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== Shiv Kumar Singh S/o Ramashray Singh R/o village- Walipur, P.S.- Pipariya, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh, 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 offences punishable under Sections 302/120B/34 of the Indian Penal Code and Sections 25(1-b)a/26(i)/27 of the Arms Act. According to FIR, the petitioner is not one of the three persons who had fired at the deceased; rather when the informant and others were chasing those persons, who had fired, the petitioner and others were seen on a Sumo vehicle. The petitioner has stated on oath that he has got no criminal

Patna High Court CR. MISC. No.33881 of 2020(2) dt.22-12-2020 2/2 antecedent.

Considering the fact that there is no direct allegation of involvement of the petitioner in the act alleged, 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 Lakhisarai P.S. Case No.167 of 2020, 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