Mukul Kumar @ Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86292 of 2019 Arising Out of PS. Case No.-595 Year-2019 Thana- DANAPUR District- Patna ====================================================== MUKUL KUMAR @ NITISH KUMAR Son of Vijay Singh Resident of Village - Sohagi, P.S.- Gaurichak, District - Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-05-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 302, 304(B), 120(B)/34 of the I.P.C.

Allegation against petitioner and other co-accused is of torturing and killing the sister of informant. It has been submitted on behalf of petitioner that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.86292 of 2019(3) dt.28-05-2020 2/3 case only on the basis of suspicion. It has been further submitted that at the time of occurrence deceased was at her parental house and petitioner was not present there, he was at his own house. There is no eye-witness of the occurrence. Petitioner has no criminal antecedent and is in custody since 28.07.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount to the satisfaction of learned court below, in connection with Danapur P.S. Case No. 595 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court CR. MISC. No.86292 of 2019(3) dt.28-05-2020 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T