Subham Kumar @ Subham Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43959 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Subham Kumar @ Subham Kumar Singh Son of Harendra Kumar Singh @ Guddu Singh Resident of Village - Karnpura, Pipra, P.S.- Durgawati, DistrictKaimur ... Petitioner

Versus

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

For the Petitioner :

Mr. Vivekanand Singh, Advocate and Mr. Sandeep Kumar, Advocate For the Opposite Party :

Mr.Rajendra Nath Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under section 307 and other allied sections of the Indian Penal Code on the allegation that the petitioner and other accused persons came to the shop of the informant, they demanded the cash value of the water bottles supplied to him. Thereafter, they indulged in marpit with the informant and others present at the scene of occurrence.

Learned counsel for the petitioner submits there is case and counter case in which both parties sustained injuries. Allegations are not specific against the petitioner who is in custody since 16.5.2019. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence. In view of the facts and circumstances of the case,

Patna High Court CR. MISC. No.43959 of 2019(3) dt.25-09-2019 2/2 prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 Chief Judicial Magistrate, Kaimur at Bhabua in Durgawati Police Station Case No. 129 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Shashi U T