Sujesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63975 of 2021 Arising Out of PS. Case No.-214 Year-2020 Thana- AMARPUR District- Banka ====================================================== Sujesh Kumar, S/o Surendra Prasad Das @ Sikandar, R/o Village Mainma, P.S. Amarpur, District Banka.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshuman Jaipuriyar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Amarpur P.S. Case No.214 of 2020, registered for the offences punishable under Sections 120(B), 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

By order dated 15.12.2020, the prayer for bail of the petitioner was rejected. Learned counsel for the petitioner files a supplementary affidavit today in Court, which is kept on record. Learned counsel for the petitioner submits that charge has already been framed against the petitioner on 28.01.2021. It is further submitted that similarly situated other co-accused persons have been granted bail by different coordinate Benches of this Court vide order dated 27.11.2020 and 24.09.2021,

Patna High Court CR. MISC. No.63975 of 2021(3) dt.24-11-2021 2/3 passed in Cr. Misc. No.30142 of 2020 and Cr. Misc. No.31454 of 2021 respectively.

Learned APP for the State opposed the prayer for bail of the petitioner.

Having considered the facts that similarly situated other co-accused persons have been granted bail by different coordinate Benches of this Court and charge has already been framed against the petitioner, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-III, Banka in connection with Amarpur P.S. Case No.214 of 2020, subject to the following conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will file an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates, his bail bond shall liable to be cancelled.

(3) that the petitioner will mark his attendance in the

Patna High Court CR. MISC. No.63975 of 2021(3) dt.24-11-2021 3/3 local police station in the first week of every month til conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(4) that the bailors shall also state on affidavit that he will inform the court concerned, if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J.) Sanjay/- U T