Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8745 of 2023 Arising Out of PS. Case No.-690 Year-2022 Thana- NAWADA District- Nawada ====================================================== RAHUL KUMAR Son of Late Munna Singh R/o Mohalla- Garh Par, P.S.- Nawada Town, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 22.07.2022 in connection with Nawada Town P.S. Case No. 690 of 2022, F.I.R. dated 30.06.2022 registered for the offence punishable under Sections 302,201,120(B)/34 of IPC. As per the prosecution case, some unknown miscreants committed murder of the informant's father and the dead body was found in the drainage full of water. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the confessional statement of the

Patna High Court CR. MISC. No.8745 of 2023(3) dt.24-06-2023 2/3 co-accused persons, namely, Niranjan Kumar and Deepak Kumar and thereafter the self-confessional statement of the petitioner. Further submits that except the aforesaid, no other material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and co-accused person, namely, Niranjan Kumar has been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 05.05.2023 passed in Cr. Misc. No.4866 of 2023 and the police, after investigation, submitted chargesheet against the petitioner on 30.09.2022 and the petitioner is in custody since 22.07.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, 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 Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 690 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 Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.8745 of 2023(3) dt.24-06-2023 3/3 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