Patna High CourtCR. MISC./72917/2022bail granted

Shivam Kumar @ Shibam Kumar v. The State Of Bihar

2023-03-20Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72917 of 2022 Arising Out of PS. Case No.-401 Year-2022 Thana- JAMUI District- Jamui ====================================================== SHIVAM KUMAR @ SHIBAM KUMAR Son of Sadhu Yadav R/v- Achahri, P.S.- Jamui, Dist- Jamui ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-03-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 399, 402, 120(B) and 34 of the Indian Penal Code and Sections 25(1-B)a, 26/35 of the Arms Act, registered in connection with Jamui P.S.Case No. 401 of 2022.

As per allegation, six named accused persons were arrested while they were planning to commit serious type of offence. From the possession of the petitioner, one countrymade pistol and a live cartridge including Rs.600/- cash were recovered.

Patna High Court CR. MISC. No.72917 of 2022(2) dt.20-03-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is languishing in jail since 06.08.2022. Considering the above facts and circumstances as well as the incarceration of the petitioner, let him 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 CJM, Jamui in connection with Jamui P.S.Case No. 401 of 2022, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

3. The petitioner shall appear physically on each and every date fixed at the trial, and if he fails to appear on two consecutive dates without any reason or

Patna High Court CR. MISC. No.72917 of 2022(2) dt.20-03-2023 3/3 unavoidable circumstances, the court below shall be at liberty to cancel his bail bond.

(Nawneet Kumar Pandey, J) HR/- U T