Kishore Kumar Shahi @ Mithai Lal @ Mithai Lal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60471 of 2019 Arising Out of PS. Case No.-303 Year-2012 Thana- SITAMARHI District- Sitamarhi ====================================================== KISHORE KUMAR SHAHI @ MITHAI LAL @ MITHAI LAL SINGH Son of Ashok Shahi Resident of Village-Punaura, P. S.- Punaura, DistrictSitamarhi ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Sitamarhi P. S. Case No. 303 of 2012 instituted for the offence under Section(s) 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It is submitted by the petitioner's counsel that the he has been implicated in the instant case merely on the basis of confessional statement of co-accused. The case is of the year 2012. The allegation was against co-accused, namely, Sumitra Devi that upon her instructions two unknown persons fired upon the informant's father.
After considering the entire issue and detailed investigation, the police has submitted a Final-Form on
Patna High Court CR. MISC. No.60471 of 2019(3) dt.13-12-2019 2/3 31.05.2015. It is only, thereafter, that the Court has taken cognizance of the offences on 22.02.2016, and as such, the petitioner has been taken into custody under the said circumstances, only on the basis of confessional statement of one of the co-accused. The petitioner is in custody since 21.06. 2019. It has further been submitted that the statement has no evidentiary value and, other than that, there is not even an iota of material in the entire investigation against the petitioner. The petitioner is on bail in Sitamarhi P. S. Case No. 657 of 2011 and, thereafter other than this case, there is no other criminal proceedings pending against the petitioner to the petitioner's knowledge.
The learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released 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 Chief Judicial Magistrate Sitamarhi, in connection with Sitamarhi P. S. Case No. 303 of 2012, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to
Patna High Court CR. MISC. No.60471 of 2019(3) dt.13-12-2019 3/3 inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T