Venkatesh @ Venkat Singh @ Venkatesh Singh @ Venkatwa @ Venkatesh Kumar @ Venkat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63115 of 2019 Arising Out of PS. Case No.-190 Year-2018 Thana- TEGHRHA District- Begusarai ====================================================== Venkatesh @ Venkat Singh @ Venkatesh Singh @ Venkatwa @ Venkatesh Kumar @ Venkat Kumar Son of Vijay Singh Resident of Village-Madhurapur, Dakshinbari tola, P.S-Teghra, District-Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

M/s. Vijay Kumar, Adv.

Mr. Mohit, Adv.

For the Opposite Party :

Mr. Satya Nand Shukla, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-05-2020 Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the State through video conferencing.

Petitioner seeks bail in connection with Teghra P.S. Case No. 190 of 2018 registered for the offences punishable under Sections 302, 34, 120(B) of the Indian Penal Code and 27 of the Arms Act.

Petitioner is named in the first information report but

Patna High Court CR. MISC. No.63115 of 2019(4) dt.29-05-2020 2/3 according to prosecution case itself, at the time of alleged occurrence, petitioner was in jail custody. However, the prosecution claims that on the instigation of the petitioner, deceased was killed.

No doubt, petitioner does have criminal antecedent of twelve cases but in the present case, except suspicion, there appears nothing to come against the petitioner in course of investigation. Moreover, petitioner is in jail custody for near about two years and up till now, prosecution could not succeed to conclude its case, which is evident from perusal of status report of court below.

Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 Additional Sessions Judge5th, Begusarai in connection with Teghra P.S. Case No. 190 of 2018 corresponding to Sessions Trial No. 731 of 2018. However, it is made clear that if the petitioner fails to make available sureties due to lockdown as well as due to prevailing situation, the concerned court shall release the petitioner provisionally on personal bond with condition that

Patna High Court CR. MISC. No.63115 of 2019(4) dt.29-05-2020 3/3 petitioner shall furnish the sureties when lockdown is over. (Hemant Kumar Srivastava, J) shahzad/- U T