Neerav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47407 of 2017 Arising Out of PS.Case No. -639 Year- 2017 Thana -SAHARSA District- SAHARSA ====================================================== Neerav Kumar, S/o Anil Kumar, resident of New Colony, Ward No.8, P.S.- Saharsa, District- Saharsa.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bhaskar Shankar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.08.2017 in connection with Saharsa P.S. Case No. 639 of 2017 for the offences alleged under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and in any event the F.I.R. itself states that firing was made by co-accused Gaurav Kumar and Pawan Rajak on the informant's father and not by the petitioner. Other co-accused namely Shivendra Kumar Singh @ Shivendra Singh and Anil Kumar Singh @ Anil Singh, who were also named in the F.I.R. have been granted bail by this Court in Cr. Misc. No. 44585 of 2017 and Cr. Misc. No. 44823 of 2017 respectively.

4. Be that as it may, having regard to the entirety of the 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 like amount each to the

Patna High Court Cr.Misc. No.47407 of 2017 (2) dt.17-10-2017 satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa P.S. Case No. 639 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That 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 reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate 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.

(Vikash Jain, J) Md. Ibrarul/Chandran U T