Amir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4008 of 2023 Arising Out of PS. Case No.-87 Year-2022 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== AMIR KUMAR Son of Ram Sevak Ram R/V- Dadar, P.S- Ahiyapur, DistMuzaffarpur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prem Kumar Paswan, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 03.06.2022 in connection with Bhairabsthan P.S. Case No. 87 of 2022, F.I.R. dated 18.05.2022 for the offences punishable under Sections 302, 201 of the Indian Penal Code.

According to prosecution case, a dead body was found floating in a pokhar and on an information given to the police, the dead body was recovered, however, none of them identified the dead body.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that petitioner is not named in the F.I.R. and the name of the petitioner has

Patna High Court CR. MISC. No.4008 of 2023(3) dt.11-07-2023 2/3 been transpired on the basis of confessional statement of coaccused namely, Ganesh Thakur and except the confessional statement of co-accused namely, Ganesh Thakur no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that similarly situated, co-accused, namely, Ganesh Thakur has been granted bail by this Court vide order dated 26.06.2023 passed in Cr. Misc. No. 8749 of 2023, another co-accused namely, Md. Minhaz has been granted bail by a coordinate Bench of this Hon'ble Court vide order dated 25.02.2023 passed in Cr. Misc. No.66864 of 2022. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 03.06.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, 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 each to the satisfaction of the learned A.C.J.M.- I, Jhanjharpur, Madhubani in connection with Bhairavsthan P.S. Case No. 87 of 2022, subject to the following conditions:-

Patna High Court CR. MISC. No.4008 of 2023(3) dt.11-07-2023 3/3

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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T