Shubham Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17657 of 2017 Arising Out of PS.Case No. -200 Year- 2016 Thana -SULTANGANJ District- BHAGALPUR ======================================================

1. Shubham Kumar, S/o Bineshwari Mandal @ Bindeshwari Mandal resident oif Village- Tikarampur, P.S. Sultanganj, District- Bhagalpur.

2. Bikash Kumar @ Bikesh Kumar, S/o Laxman Mandal Resident of Village Munsipatti, P.S. Sultanganj, District- Bhagalpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Ms. Geeta Kumari, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2017 Heard learned counsel for the petitioners.

This is an application for bail in connection with Sultanganj P.S.Case No. 200 of 2016 registered for the offences punishable under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code.

Allegation against petitioner No.1 is that he intercepted the informant and attempted to kill him by pressing his neck and against petitioner No.2 he has snatched some amount from him. However, three persons have been named. It has been submitted on behalf of the petitioners that there is no injury on the person of the informant and allegations are false and concocted and they have falsely been implicated in this case and have remained in custody since 2.11.2016 and coaccused having similar allegation has been granted bail by this Court in Cr.Misc.No. 5723 of 2017, vide order dated 1.3.2017 (Annexure-2).

Patna High Court Cr.Misc. No.17657 of 2017 (2) dt.17-04-2017 2/2 Heard learned APP also.

Having heard both sides and considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bhagalpur, in connection with Sultanganj P.S.Case No. 200 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of their bail.

(Vinod Kumar Sinha, J) spal/- U