Shiv Kumar @ Shiv Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7936 of 2021 Arising Out of PS. Case No.-832 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== SHIV KUMAR @ SHIV KUMAR SAH Son of Late Shankar Sah Resident of Village Raj Dewari, P.S. Bettiah Town, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh, Adv For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-03-2021 Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 307,302 of the Indian Penal Code.

The informant, who claims to be an eye witness of the occurrence in the FIR, as P.W.1 before the learned Trial Judge, clearly stated that he had not seen the occurrence nor he remembered the name of the person who had informed about the occurrence. The petitioner is in custody since 25.09.2018. In the past, prayer for bail to the petitioner was refused vide order at Annexure-1 with liberty to renew the prayer if the trial is not concluded within six months.

Patna High Court CR. MISC. No.7936 of 2021(3) dt.10-03-2021 2/2 Considering the statement of the sole eye witness before the learned Trial Judge and undertaking of the petitioner to cooperate with the trial, 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 learned Court below where the case is pending in connection with S.T.No. 635 of 2019 arising out of Bettiah Town Police Station Case No.832 of 2018 with following conditions:

(a) Both the bailors shall be 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) Nitesh/- U T