Patna High CourtCR. MISC./44276/2017allowed

Shankar Kumar Choudhary v. The State Of Bihar

2017-09-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44276 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -MANER District- PATNA ====================================================== Shankar Kumar Choudhary Son of Late Sitaram Choudhary, R/o VillageJhunjhun Wala, Road, P.S.- Danapur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Sinha For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and the State. Petitioner is an accused in connection with Maner P.S. Case No. 55 of 2017 for an offence under sections 302, 120(B)/34 of the Indian Penal Code.

Counsel for the petitioner submits that the petitioner has clean antecedent as per statement on affidavit in para-3 of the application. He submits that the instant case has been lodged against unknown. There is no eye-witness to the incident. The name of the petitioner surfaced in the instant case on the basis of confessional statement of one Raushan Kumar @ Machhiya who has already been granted bail by this court in Cr. Misc. No. 33065 of 2017 vide order dated 7.8.2017. He has further submitted that similarly circumstanced other co-accused Babloo @ Badri Kumar

Patna High Court Cr.Misc. No.44276 of 2017 (2) dt.20-09-2017 2/2 has been granted bail vide order dated 28.7.2017 in Cr. Misc. No. 28178 of 2017.

Considering the fact that similarly circumstanced other co-accused has been granted bail on the ground of parity, let the petitioner, named above, 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 learned S.D.J.M., Danapur, Patna, in connection with Maner P.S. Case No. 55 of 2017 on the condition that one of the bailors should be family members of the petitioner and the petitioner will cooperate in the trial and will not, in any manner, influence the evidence or the witnesses. (Anil Kumar Upadhyay, J) Ravi/- U T