Neeraj Kumar@Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72284 of 2021 Arising Out of PS. Case No.-563 Year-2019 Thana- JAMUI District- Jamui ====================================================== Neeraj Kumar@Niraj Kumar, son of Naresh Mahton @ Naro Mahto, resident of village Kakan, P.S. & District Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.

This is the second attempt of the petitioner to move before this Court for bail. Vide a detailed order dated 02.11.2021 passed in Cr. Misc. No.6127 of 2021, the prayer for bail of the petitioner was rejected with a liberty to renew his prayer after framing of charge.

Patna High Court CR. MISC. No.72284 of 2021(2) dt.05-01-2022 2/3 Learned counsel for the petitioner submits that in the present case charges have been framed by the learned Court below and the case is pending for trial. A true copy of the charge memo is annexed as Annexure-4 to this application. Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 the learned Court below where the case is pending/successor Court in connection with Sessions Trial No.63/2021, arising out of Jamui P.S. Case No.563/2019, 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.

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

Patna High Court CR. MISC. No.72284 of 2021(2) dt.05-01-2022 3/3 move for cancellation of bail.

(5) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) Trivedi/- U T