Deepak Kumar Vishwakarma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13911 of 2021 Arising Out of PS. Case No.-14 Year-2020 Thana- AMBA District- Aurangabad ====================================================== DEEPAK KUMAR VISHWAKARMA Son of Durgesh Vishwakarma Resident of Village - Telhara, P.S.- Amba, District - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bindeshwar Prasad Singh For the Informant : Mr. Binod Kumar Singh For the Opposite Party/s :
Mr.Iftekhar Mahboob, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Amba P.S. Case No. 14 of 2020, registered for the offence punishable under Sections 341, 323, 307, 302 and 34 of the Indian Penal Code. As per the prosecution case, this petitioner along with other FIR named accused persons brutally assaulted the son of informant by means of rod, hockey stick and other weapons, as a result of which he became severely injured and during course of treatment died.
It is submitted on behalf of the petitioner that no
Patna High Court CR. MISC. No.13911 of 2021(2) dt.01-07-2021 2/3 allegation of specific overt act raised against this petitioner. Similarly situated co-accused have been granted bail by different Benches of this court vide order dated 24.03.2021 passed in Cr. Misc. No. 603 of 2021, dated 03.06.2021 passed in Cr. Misc. No. 9361 of 2021. Petitioner claims clean antecedent and he is in custody since 08.10.2020.
Counsel for the informant vehemently opposed the bail application.
Considering the facts and circumstances of the case and the fact that similarly situated co-accused persons have been granted bail by this Court, the petitioner above-named, is directed to be enlarged 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 Chief Judicial Magistrate, Aurangabad in connection with Amba P.S. Case No. 14 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
Patna High Court CR. MISC. No.13911 of 2021(2) dt.01-07-2021 3/3 (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T