Anil Kumar Singh @ Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5669 of 2023 Arising Out of PS. Case No.-201 Year-2021 Thana- TARIYANI CHOWK District- Sheohar ====================================================== ANIL KUMAR SINGH @ ANIL SINGH S/O LATE JAY NARAYAN SINGH Resident of Village- Mohari, P.S.- Tariyani, District- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Anisur Rahman, Adv.

For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 12.08.2022 in connection with Tariyani P.S. Case No.201/2021, F.I.R. dated 19.08.2021, for the offences punishable under Sections 302/34, 120B, 394 of the IPC & Section 27 of the Arms Act.

According to prosecution case, the informant has belief that some unknown persons have killed his son, namely, Ashok Kumar due to previous enmity for property dispute. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during

Patna High Court CR. MISC. No.5669 of 2023(3) dt.21-06-2023 2/3 investigation on the basis of disclosure made by spy and confessional statement of co-accused, namely, Ajit Kumar, which was recorded in Piprahi P.S. Case No.228/2021. He further submits that except the aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 12.08.2022. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries four criminal antecedent other than the present one.

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 C.J.M., Sheohar in connection with Tariyani P.S. Case No.201/2021, subject to 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

Patna High Court CR. MISC. No.5669 of 2023(3) dt.21-06-2023 3/3 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) amit/- U T