Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1878 of 2021 Arising Out of PS. Case No.-344 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Satyam Kumar aged about 20 years son of Sri Shatrughan Pandey Resident of Village- Barmatpur, P.S. Sadar, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shashi Bhushan Singh, Advocate For the Opposite Party :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered for the offence punishable under section 307 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution case, on 25.5.2019 at about 9.30 pm the petitioner called informant's brother from the house and shot him with pistol causing firearm injury on his thigh.

Patna High Court CR. MISC. No.1878 of 2021(2) dt.05-03-2021 2/3 Learned counsel for the petitioner submits that there was some money dispute between the petitioner and the informant's brother and in order to grab the lent money, the instant false case has been lodged. Alleged injury has not been caused on the vital part of the body. Charge sheet has already been submitted. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 12.5.2020.

Considering the fact that the petitioner is in custody since 12.5.2020 coupled with the fact that he has got no criminal antecedent, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Sadar Police Station Case No. 344 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.1878 of 2021(2) dt.05-03-2021 3/3 witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T