Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52 of 2021 Arising Out of PS. Case No.-63 Year-2017 Thana- BAKHTIYARPUR District- Patna ====================================================== Gautam Kumar S/o Awadhesh Mahto R/o Village - Belthan, Police Station - Bakhtiyarpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Singh, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2021 Let the defects be removed within four weeks. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The FIR of the occurrence of murder of the son of the informant is against unknown. Name of the petitioner surfaced in the confessional statement of co-accused.

Submission is that the petitioner is in custody since 10.06.2020. Investigation of the case is already complete. The petitioner has got no criminal antecedent. Besides confession of the co-accused while in police custody there is no other material against the petitioner.

Patna High Court CR. MISC. No.52 of 2021(2) dt.03-03-2021 2/2 Considering lack of sufficient material for further detention of the petitioner as under trial prisoner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bakhtiyarpur P.S. Case No.63 of 2017, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T