Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54537 of 2019 Arising Out of PS. Case No.-166 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== SATYAM KUMAR Son of Gautam Sharma Resident of Village - and P.S.- Punaura, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shamimul Hoda For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody since 30.05.2019 in connection with Nanpur P.S. Case No. 166/2019 registered for the offence punishable under Sections 395 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that he was taken into custody in connection with Nanpur P.S. Case No. 167/2019, but for an offence of the same date in which he is alleged to have participated, the petitioner has also been taken into custody in connection with the present case. Learned counsel for the petitioner submits that it is purely a case of false implication as he had already been taken into custody in morning and, therefore, there is no question of his participation

Patna High Court CR. MISC. No.54537 of 2019(2) dt.04-09-2019 2/3 in the present case at 04:20 P.M. Learned counsel for the petitioner further submits so far as the other cases in which he has been implicated, he has been granted anticipatory bail in one case i.e. Sitamarhi P.S. Case No. 928/2017, and the petitioner undertakes to be present as and when required during the course of the trial.

In view of the aforementioned facts and circumstances, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Pupri, Sitamarhi, in connection with Nanpur P.S. Case No. 166/2019, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

Patna High Court CR. MISC. No.54537 of 2019(2) dt.04-09-2019 3/3

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Saif/- U T