Navin @ Nibhia @ Navin Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81027 of 2019 Arising Out of PS. Case No.-560 Year-2019 Thana- DANAPUR District- Patna ====================================================== Navin @ Nibhia @ Navin Sharma Son of Late Suryadev Sharma @ Surajdeo Sharma Resident of Village - Saguna Gandhi Murti, P.S.- Danapur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Kant Kumar, Advocate For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-05-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is languishing in custody for the offences punishable under Sections 302/384/385/ 386/ 307 / 120B/379/34 of the Indian Penal Code and Section 27 of the Arms Act.

There is general and omnibus allegation against the petitioner and some other co-accused to have committed murderous assault against the husband of the informant as a result whereof husband of the informant died. The driver of the deceased, who was present at the time of occurrence, has supported the allegation.

Patna High Court CR. MISC. No.81027 of 2019(4) dt.27-05-2020 2/3 Learned counsel for the petitioner submits that the occurrence took place for land dispute and some other coaccused have already been allowed bail by different coordinate Benches of this Court in Cr. Misc. No.61804 of 2019 and Cr. Misc. No.3118 of 2020. Petitioner is in custody since 01.08.2019. Investigation of the case is already complete. Considering the facts aforesaid as well as the fact that there is nothing to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law, let the petitioner, above named, be released on bail, on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Danapur P.S. Case No.560 of 2019 with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

If the petitioner would not be able in furnishing

Patna High Court CR. MISC. No.81027 of 2019(4) dt.27-05-2020 3/3 sureties due to lock-down, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.

(Birendra Kumar, J) Mkr./- U T