Shyam Lal Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2552 of 2021 Arising Out of PS. Case No.-308 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Shyam Lal Bind S/O Late Ram kishun Bind Resident Of Village - Amaon, P.S. - Chainpur, District - Kaimur at Bhabua. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-02-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 279, 304(A), 302, 201, 392, 411, 328/34 of the I.P.C. Informant is the Chowkidar, who in his written complaint has alleged that on 03.10.2019 he found that one person has been crushed to death by unknown vehicle and identity of deceased could not be ascertained. In the meanwhile police arrived at the place of accident and took away the dead body for post-mortem.

Petitioner had earlier moved this Court for regular bail vide Cr. Misc. No. 6266 of 2020 which was rejected on 04.06.2020 with liberty to petitioner to renew his prayer for bail

Patna High Court CR. MISC. No.2552 of 2021(2) dt.24-02-2021 2/3 after framing of charge.

It has been submitted on behalf of petitioner that petitioner is not named in the FIR. His name has surfaced in this case only on the basis of suspicion. It has been further submitted that similarly placed co-accused, namely, Sita Ram Sampat Jadhav has been granted bail by this Court as contained in Annexure 3. Charge has been framed in this case. Petitioner has no criminal antecedent and is in custody since 20.11.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-IV, Kaimur at Bhabua in connection with Session Tr. No. 59 of 2020, arising out of Kudra P.S. Case No. 308/2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every

Patna High Court CR. MISC. No.2552 of 2021(2) dt.24-02-2021 3/3 date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

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

(S. Kumar, J) veena/- U T