Satendra Kumar @ Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1687 of 2021 Arising Out of PS. Case No.-67 Year-2019 Thana- WAJIRGANJ District- Gaya ====================================================== SATENDRA KUMAR @ SATYENDRA KUMAR SON OF NAGESHWAR PRASAD RESIDENT OF VILLAGE - DAKHINAGAR, P.S. - WAZIRGANJ, DISTRICT - GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajni Kant Jha For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Wajirganj P.S. Case No. 67 of 2019, registered for the offence punishable under Sections 302 and other allied sections of the Indian Penal Code. As per the prosecution case, this petitioner along with co-accused Manish Choudhary assaulted the deceased with Fasuli and co-accused Upendra Kumar is alleged to have cut his neck.

It is submitted on behalf of the petitioner that as per the postmortem report cause of death has been found due to injury caused on the neck whereas, petitioner is alleged to have assaulted the deceased with Fasuli on his head. Similarly

Patna High Court CR. MISC. No.1687 of 2021(4) dt.09-06-2021 2/2 situated co-accused Nageshwar Prasad has been granted bail by this Hon'ble Court vide order dated 28.08.2019 passed in Cr. Misc. No. 33010 of 2019. Petitioner is in custody since 07.07.2020. Chargesheet has already been submitted. Considering the facts and circumstances of the case, the petitioner above-named, is directed to 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 the learned Additional Chief Judicial Magistrate, Gaya in connection with Wajirganj P.S. Case No. 67 of 2019, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T