Naresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4785 of 2023 Arising Out of PS. Case No.-375 Year-2022 Thana- BARHARA KOTHI District- Purnia ====================================================== NARESH RAM S/o Late Bhutaki Ram R/o Hanuman Nagar, Ward no. 10, P.S.- Barahara ( Raghuvansh Nagar), Distt- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 25.10.2022 in connection with Barahara P.S. Case No. 375 of 2022, F.I.R. dated 23.08.2022 registered for the offence punishable under Sections 302,120B of IPC.

It is a case of murder of father-in-law of the informant, namely, Biranchi Mandal with allegation that the FIR named accused persons including this petitioner in furtherance of their common intention of all have committed the murder of the deceased as at about 8.PM her grandfather after taking meal went to sleep at Machan.

Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.4785 of 2023(4) dt.06-07-2023 2/3 submits that the petitioner has clean antecedent and he has falsely been implicated in the present case due to previous land dispute between the parties. Further submits that the neither the informant nor any person is the eye witness of the alleged occurrence and merely on the basis of the suspicion the petitioner has been implicated in the present case. Further submits that except the suspicion, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 25.10.2022.

Learned APP for the State, on the other hand, has opposed the prayer for bail of the petitioner. Considering the aforesaid facts, 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 learned C.J.M., Purnea in connection with Barahara P.S. Case No. 375 of 2022,with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.4785 of 2023(4) dt.06-07-2023 3/3 Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her 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) Nitesh/- U T