Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40834 of 2019 Arising Out of PS. Case No.-57 Year-2017 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== Sumit Kumar Son of Ashok Kumar Resident of Village Kyoli Khurd, Tahsil Khurja, P.S. Anariya, District- Bulandsahar (U.P.), at present driver of SSB Camp, Bela, Muzaffarpur ... Petitioner

Versus

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

For the Petitioner :

Mr.Shashank Shekhar, Advocate For the Opposite Party :

Mr.Shyameshwar Dayal, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

It is alleged by the informant that one SSB rang up her husband and called him. Thereafter, driver of SSB camp, Sumit Kumar (the petitioner) came to her house with whom her husband went to the SSB camp at 4 AM. Soon thereafter, at 5 AM said Sumit Kumar (petitioner) returned to the house of the informant carrying her husband on his shoulder, who was senseless. On being asked, he said that her husband has got electrocuted, who will become normal after some rest. Informant immediately took him to the hospital where he was declared dead.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.40834 of 2019(4) dt.20-09-2019 2/3 petitioner has falsely been implicated in this case on the basis of suspicion. Police, in course of investigation, has checked the Call Details Report of concerned mobile numbers but the CDR does not support the timing of call as alleged by the informant in her FIR. Further, there is no eye witness to the occurrence. Learned counsel further submits that the post mortem report shows that the deceased sustained two injuries which fact is not supported by the prosecution case. Petitioner has no criminal antecedent and he is in custody since 28.3.2019. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence.

Learned counsel for the informant vehemently opposes the prayer for bail.

In view of the facts and circumstances of the case, prayer for bail to the petitioner is allowed. Let the petitioner, mentioned above, 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 Additional Chief Judicial Magistrate cum Sub Judge XII, Muzaffarpur in Bela Police Station Case No. 57 of 2017 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.40834 of 2019(4) dt.20-09-2019 3/3 and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T