Veer Chand Kumar @ Veer Chandra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2168 of 2018 Arising Out of PS.Case No. -119 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ====================================================== Veer Chand Kumar @ Veer Chandra Kumar son of Lal Babu Rai, Resident of Village- Kushar Chowk, P.S. Mahua, District- Vaishali. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Alok Kumar Alok, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 01.05.2017 in connection with Sessions Trial No. 682 of 2017 arising out of Tajpur P.S. Case No. 119 of 2017 for the offences alleged under Sections 307, 353/34 of the Indian Penal Code and 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and for the same occurrence, Tajpur Waini P.S. Case No. 116 of 2017 as well as Tajpur Waini P.S. Case No. 117 of 2017 were also instituted and in both the cases the petitioner has already been granted bail by this Court. It is submitted that the petitioner who was merely the driver of the hired Bolero vehicle bearing Registration No. BR06PA-8781 which had been hired by the accused persons. No arms have been recovered from the conscious

possession of the petitioner. The accusation of firing is upon coaccused Ranjan Kumar Sah @ Balajee and not upon this petitioner.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 01.05.2017 already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Samastipur, in connection with Sessions Trial No. 682 of 2017 arising out of Tajpur P.S. Case No. 119 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T