Nirdosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85938 of 2019 Arising Out of PS. Case No.-47 Year-2019 Thana- BITHAN BAZAR District- Samastipur ====================================================== NIRDOSH KUMAR S/o Sri Ram Bilash Mahto Resident of Village- Pusaho, P.S.- Bithan, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-03-2020 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and under section 27 of the Arms Act. Learned counsel for the petitioner submits that the FIR is against unknown and name of the petitioner has come in this case on the basis of his confession made during investigation, though nothing incriminating has been recovered from his possession to connect him with the offiece. Petitioner has not been put on test identification parade (TIP) till date. He is in custody since 21.6.2019.

Considering the facts of the case, 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

Patna High Court CR. MISC. No.85938 of 2019(3) dt.18-03-2020 2/2 each to the satisfaction of the Sub Divisional Judicial Magistrate, Rosera, Samastipur in Bithan Police Station Case No. 47 of 2019/GR No. 508 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T