Patna High CourtCR. MISC./19560/2018bail granted

Sarvesh Suman v. The State Of Bihar

2018-06-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19560 of 2018 Arising Out of PS. Case No. -290 Year- 2017 Thana -ALAMGANJ District- PATNA ====================================================== Sarvesh Suman, S/o- Sri Vijay Poddar, Resident of Mohalla- Kazibagh, P.S. Alamganj, District-Patna, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Jubair Ansari, Advocate For the Opposite Party/s : Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-06-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 302 of the Indian Penal Code. Submission is that there is no eyewitness of the occurrence of murder. However, the petitioner was apprehended on suspicion for the reason that some bloods were found on the clothes of the petitioner near the place of occurrence. Submission is that the petitioner is in custody since 29.07.2017. Petitioner has got no criminal antecedent. Blood stained clothes were never sent for forensic examination.

The report of the learned trial Judge would reveal that the prosecution evidence has not started as yet. Considering the entire facts aforesaid, let the

Patna High Court Cr.Misc. No.19560 of 2018 (4) dt.26-06-2018 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 the learned Court-below where the case is pending in connection with Session Trial No.739 of 2017, arising out of Alamganj P.S. Case No.290 of 2017, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T