Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1956 of 2022 Arising Out of PS. Case No.-30 Year-2021 Thana- PIPRA District- Supaul ====================================================== Dharmendra Kumar S/O Late Virendra Yadav @ Birendra Yadav Resident Of Ward No. 08, Thadh9i, Bhawanipur P.S.- Pipra, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Pipra P.S. Case No. 30 of 2021 registered for the offence under Sections 302, 201 and 34 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 03.01.2021.

The allegation against the petitioner, who is informant of this case and son of the deceased, is to commit murder of his father along with other co-accused persons.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.1956 of 2022(3) dt.03-09-2022 2/3 submitted that petitioner is informant of the present case. It is submitted that he has been falsely implicated in the present case merely on the basis of suspicion, as father of the petitioner was planning to marry with a lady having extra-martial affairs. It is submitted that nothing surfaced during course of investigation, except suspicion, to connect petitioner with present set of occurrence. It is further submitted that petitioner is a man of clean antecedent. While concluding the argument, it has been submitted that investigation is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that petitioner was informant of this case. Considering the facts and circumstances as mentioned above, as save and except suspicion, nothing surfaced during course of investigation to connect petitioner, prima facie, with the present set of occurrence, where petitioner is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Pipra P.S. Case No. 30 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.1956 of 2022(3) dt.03-09-2022 3/3 satisfaction of learned Additional Chief Judicial Magistrate-VI, Supaul/concerned court, subject to the following conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T