Nikku Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61900 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- DHANARUA District- Patna ====================================================== NIKKU KUMAR Son of Mr Vinay Singh Resident of Mahmadpur, P.O. - Maranchi, P.S.- Dhanarua, Distt - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Apurv Harsh For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody since 10.01.2019 in connection with Dhanaura P.S. Case No. 02 of 2019 for the offence registered under Sections 302, 307, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that admittedly, the allegation against the petitioner is of having hit with the butt of the gun. The main allegation is against Manti
Patna High Court CR. MISC. No.61900 of 2019(2) dt.14-11-2019 2/3 Kumar, and not against the present petitioner. It is further submitted that co-accused, namely, Tuntun Singh, who is also said to have been present at the place of occurrence, has since been extended the privilege of bail vide order dated 30.09.2019 passed in Cr. Misc. No. 41396 of 2019. It is further submitted that save and except the present case, the petitioner has one another case.
Considering the aforesaid facts and circumstances of the case, 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 ADJ-XV, Patna in connection with Dhanarua P.S. Case No. 02 of 2019, subject to the following conditions :-
1. One of the bailors will be his own blood relative, preferably, father, mother, son, 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 his 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.61900 of 2019(2) dt.14-11-2019 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) Jagdish/- U T