Patna High CourtCR. MISC./84016/2023bail granted

Shahrukh Alias Avinash Kumar v. The State Of Bihar

2024-03-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84016 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- MALSALAMI District- Patna ====================================================== Shahrukh Alias Avinash Kumar Son of Sanjay Mistry Alias Sanjay Yadav Resident of Sahdara Ramdhani Road PS - Malsalami District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Malsalami P.S. Case No. 165 of 2022 registered for the offence under Section 363, 365, 34 of the Indian Penal Code and later on Section 302/201/120B of the Indian Penal Code were also added.

3. As per the prosecution case, the deceased was killed by the criminals.

4. It has been submitted by the learned counsel for the petitioner that at the time of killing of the deceased, the petitioner was not there along with the criminals who have killed the deceased in a car. The petitioner's name has come in the confessional statement of other co-accused.

Patna High Court CR. MISC. No.84016 of 2023(3) dt.19-03-2024 2/2

5. The petitioner is in jail since 1.6.2023.

7. Considering the aforesaid facts, this application is allowed.

8. 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 the Judicial Magistrate, 1st Class, Patna City in connection with Malsalami P.S. Case No. 165 of 2022.

9. 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.

(Sandeep Kumar, J) Vikas/- U T