Suman Kunwar v. The State Of Bihar

Patna High Court Cr.Misc. No.55961 of 2017 (2) dt.15-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 55961 of 2017 Arising Out of PS.Case No. -160 Year- 2016 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Suman Kunwar Son of Fagu Kunwar Resident of Village Bakharpur, P.S. Pirpainti, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Sanjay Kumar Tiwary, Advocate For the Opposite Party/s : Smt Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 15-12-2017 Heard counsel for the petitioner and the State. The petitioner is accused in Pirpainti Police Station Case No 160 of 2016 registered for the offences punishable under Sections 147, 148, 149, 423, 324, 504, 307, 506 of Indian Penal Code and Section 27 of Arms Act.

The petitioner along with other co-accused is alleged to have indulged in indiscriminate firing upon father of the informant. The only specific allegation of assault by way of iron rod is against co-accused Chandan Tiwary. Considering the nature of the allegations and the fact that the petitioner is in custody since 04.03.2017, the petitioner prays for bail in the instant case. Reliance has been placed on the orders passed by this Court in the cases of other similarly situated co-accused persons in

Patna High Court Cr.Misc. No.55961 of 2017 (2) dt.15-12-2017 Cr Misc No 5275 of 2017 as also Cr Misc No 21658 of 2017. Having regard to the submissions made on behalf of the petitioner and also the fact that the petitioner has no criminal antecedent, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate XI, Bhagalpur in Pirpainti Police Station Case No 160 of 2016 corresponding to GR No 2523 of 2016 subject to the following conditions:

(1) 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.

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

(Madhuresh Prasad, J) M.E.H./- U T