Shankar Yadav @ Shiv Shankar Kumar @ Shiv Shankar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7651 of 2023 Arising Out of PS. Case No.-368 Year-2020 Thana- JAMUI District- Jamui ====================================================== Shankar Yadav @ Shiv Shankar Kumar @ Shiv Shankar Yadav Son of Bajrangi Yadav R/V- Abhaypur, P.S- Jamui, Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agarwal, Sr. Advocate Mr. Pramod Kumar, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2023 Heard Shri N.K. Agarwal, the learned Senior counsel for the petitioner and Shri Chandra Bhushan Prasad, the learned A.P.P. for the State.
This is the third attempt of the petitioner to seek bail as earlier his bail application was rejected vide order dated 30.03.2022 in Cr. Misc. No. 57064 of 2021 and thereafter vide order dated 28.09.2022 in Cr. Misc. No. 51914, the petitioner was permitted to withdraw his bail application. Shri N.K. Agarwal, the learned Senior counsel for the petitioner submits that vide order dated 08.02.2023, a report was called for from the learned trial court with respect to the stage of the trial and the report of the trial court has been received vide Letter No. 40 dated 15.02.2023 and from perusal of the same, it
Patna High Court CR. MISC. No.7651 of 2023(3) dt.22-03-2023 2/3 manifests that only two witnesses till 23.03.2022 were examined.
Learned senior counsel further submits that he has a copy of the charge-sheet no. 539 of 2021 dated 31.08.2021 and in the charge-sheet there are sixteen witnesses. It is next submitted that till date only two witnesses have been examined and still fourteen witnesses remain to be examined. It is further submitted that it is not a case under Section 302 of the IPC rather is a case under Section 307 of the IPC and the petitioner in his first attempt had even disputed the injury caused by the firearm, though the doctor had recorded that the injury was caused by firearm but then that is an aspect to be decided in a duly constituted trial. It is further submitted that the petitioner is in custody since 22.06.2021.
Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner and the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is
Patna High Court CR. MISC. No.7651 of 2023(3) dt.22-03-2023 3/3 pending/successor court in connection with S.T. No. 343 of 2021 arising out of Jamui P.S. Case No. 368 of 2020 with a condition that one of the bailors of the petitioner shall be his father, Bajrangi Yadav.
However, if the learned trial court comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the learned trial court shall forthwith cancel his bail bonds and shall take all coercive steps to ensure that the petitioner is behind bars.
(Satyavrat Verma, J) Rishi2/- U T