Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58419 of 2022 Arising Out of PS. Case No.-224 Year-2022 Thana- SAUR BAZAR District- Saharsa ====================================================== Shashi Kumar Son Of Umesh Yadav Resident of Hanuman Nagar, P.OChandour, Police Station- Sour Bazar, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act. According to prosecution case, all the accused persons including the petitioner started indiscriminate firing upon the son of the informant and the accused persons, namely, Manish Kumar and Deepak Kumar caught the collar of her son and Manish Kumar fired at the chest of her son due to which he died.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that it appears from the F.I.R. that there is direct

Patna High Court CR. MISC. No.58419 of 2022(2) dt.10-02-2023 2/3 allegation of firing against the co-accused person, namely, Deepak Kumar and Manish Kumar and there is no allegation of any overt act or assault against the petitioner and at best he is the member of the mob. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 29.06.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one.

Considering the aforesaid facts and circumstances, 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 learned Court below where the case is pending in connection with Sour Bazar P.S. Case No. 224 of 2022, subject to 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.58419 of 2022(2) dt.10-02-2023 3/3

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T