Sittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88482 of 2024 Arising Out of PS. Case No.-280 Year-2024 Thana- KASIMBAZAR District- Munger ====================================================== Sittu Kumar son of Binodi Yadav @Binod Yadav Vill -Nawatoliya Bindwara, PS- Kasim Bazar, Distt- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jyoti Ranjan Jha, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-01-2025 Heard the parties.
2. The petitioner is in custody in connection with Kasim Bazar P.S. Case No. 280 of 2024 for the offence punishable under sections 109, 3(5) of B.N.S. and 27 of Arms Act lodged on 03.01.2024 by the informant, Pankaj Kumar.
3. As per the prosecution story, the informant alleged that when he was walking near the airport, Mithu Yadav and Namal Kumar came and after altercation, Mithu Yadav opened fire causing injury on his chest. Further allegation is that another round was fired which hit the cloth of the informant. This led to the FIR.
4. It is the case of the petitioner that subsequently during investigation, the name of the petitioner cropped up as a liner. The main allegation is against Mithu Yadav, he opened fire
Patna High Court CR. MISC. No.88482 of 2024(2) dt.08-01-2025 2/3 and only to implicate, the name of the petitioner has been incorporated, he do not have criminal antecedent, is in custody since 07.10.2024.
5. Learned APP opposes the prayer for bail submitting that his name has come during the course of investigation.
6. Considering the submissions put forward by the parties as also the fact that specific allegation is against Mithu Yadav who caused injury on the chest of the informant, though the name of the petitioner has cropped up in the investigation as a liner, is in custody since 07.10.2024 and has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M. Munger in connection with Kasim Bazar P.S. Case No. 280 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.88482 of 2024(2) dt.08-01-2025 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T