Kishundeo Sharma @ Kisundeo Sharma @ Kishun Kumar Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36677 of 2019 Arising Out of PS. Case No.-124 Year-2000 Thana- KHAGARIA District- Khagaria ====================================================== KISHUNDEO SHARMA @ KISUNDEO SHARMA @ KISHUN KUMAR TANTI, Son of Yogi Sharma, Resident of Village - Rasaunk, P.S. - Morkahi, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 03-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Khagaria (Morkahi) P.S. Case No.124 of 2000 instituted for the offence under Section(s) 427, 324, 307/34 Indian Penal Code and Section 27 of the Arms Act.

Prayer of the petitioner for bail was earlier rejected with liberty to renew the prayer after framing of Charge. Counsel for the petitioner submits that Charge has already been framed in the case.

It is mentioned in para 13 of the bail application that charge has been framed on 07.02.2019. From the impugned order, it appears that case is pending for prosecution witnesses.

Patna High Court CR. MISC. No.36677 of 2019(2) dt.03-07-2019 2/2 Counsel for the petitioner submits that not a single witness has been examined in the case.

Petitioner is in custody since 02.02.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Assistant Sessions Judge, 2nd, Khagaria, in connection with Khagaria (Morkahi) P.S. Case No.124 of 2000 (S.T. Case No.303 of 2018), subject to the condition that both the bailors shall be close relative of the petitioner.

Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T