Satynarayan Kumar @ Chain Kumar @ Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47474 of 2022 Arising Out of PS. Case No.-838 Year-2019 Thana- DANAPUR District- Patna ====================================================== SATYNARAYAN KUMAR @ CHAIN KUMAR @ PINTU KUMAR S/o Dinanath Rai R/o village- Tarachak, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-12-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State through video conferencing.

The petitioner is seeking regular bail in connection with Danapur P.S. Case No. 838 of 2019, registered for the offences punishable under Sections 341, 323, 325, 302, 120(B) read with Section 34 of the Indian Penal Code. As per allegation, the brother of the informant was coming from the market. All of sudden, the named accused persons, including the petitioners, started assaulting him by

Patna High Court CR. MISC. No.47474 of 2022(2) dt.09-12-2022 2/3 lathi, danda, brick etc., The injured sustained serious injuries and he died during course of treatment.

The learned counsel for the petitioner has submitted that neither the informant nor his family members are the eyewitnesses of the occurrence and during investigation, it was detected that there was dispute between the parties regarding construction of the house. He has submitted further that exactly on similar footing, co-accused Om Kumar @ Om Prakash has been granted bail by this Court in Criminal Miscellaneous No. 38667 of 2021 on 20.06.2022. The petitioner is a person of clean antecedent.

Considering the above-mentioned facts and circumstances, especially the clean antecedent of the petitioner and also considering that co-accused on similar ground has been granted bail by this Court, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Danapur in connection with Danapur P.S. Case No. 838 of 2019, subject to the following conditions:-

(1) The petitioner will cooperate in conclusion of the trial.

Patna High Court CR. MISC. No.47474 of 2022(2) dt.09-12-2022 3/3 (ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses in course of investigation or during course of trial.

(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T