Patna High CourtCR. MISC./81424/2024bail granted

Shiv Kumar @ Shiv Kush Kumar @ Nitish Kumar @ Shiv Kush v. The State Of Bihar

2025-02-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81424 of 2024 Arising Out of PS. Case No.-46 Year-2023 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Shiv Kumar @ Shiv Kush Kumar @ Nitish Kumar @ Shiv Kush Son of Late Shyam Sunder Rai R/O- Vill- Rupaswaj P.S- Bachhwara Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt of the petitioner for grant of regular bail in connection with Sahebpur Kamal P.S. Case No. 46 of 2023 registered for the offence under Sections 120(B), 302, 201 of the Indian Penal Code.

3. The petitioner is in jail since 11.9.2023 and from the report of the trial Court, it appears that out of 9 witnesses, not even a single witness has been examined.

4. Considering the delay in the trial and also considering the period of custody, this application is allowed.

5. 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

Patna High Court CR. MISC. No.81424 of 2024(3) dt.20-02-2025 2/2 the learned Additional Sessions Judge-II, Begusarai/concerned Court below in connection with S.Tr. No. 350 of 2024 arising out of S.Kamal P.S. Case No. 46 of 2023.

6. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner.

7. The Superintendent of Police, Begusarai is directed to see to it that the witnesses are produced in the trial regularly on the dates fixed.

8. Mr. Jharkhandi Upadhyay, learned APP for the State is directed to take necessary instructions from the Superintendent of Police, Begusarai.

9. Let a copy of this order be communicated to the Superintendent of Police, Begusarai through FAX for its compliance.

(Sandeep Kumar, J) Vikas/- U