Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37924 of 2020 Arising Out of PS. Case No.-360 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== Sudhanshu Kumar Son Of Sri Satyendra Sharma Resident Of Mohalla- New Area Piperpanti, Police Station- Kotwali, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Adv.

For the State :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Kotwali P S Case No 360 of 2019 instituted for the offence under Section 147, 148,149, 323, 307, 379, 427, 448, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act .

Petitioner along with the other accused persons fired on the informant and damaged the shop of the informant. Apart from that he is accused in five other cases.

Submission of the learned counsel for the petitioner is that he is in custody since 12.02.2020. No offence is made out under Section 307 of the Indian Penal Code. Similarly situated co-accused of this case has been allowed bail in Cr Misc No. 4967 of 2020.

Patna High Court CR. MISC. No.37924 of 2020(2) dt.05-02-2021 2/2 The learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, 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 learned Judicial Magistrate 1st Class, Gaya,in connection with Kotwali P S Case No 360 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T