Samir Kumar @ Raja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12861 of 2023 Arising Out of PS. Case No.-366 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== SAMIR KUMAR @ RAJA YADAV Son of Subhash Prasad Singh R/vKhilwat, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh, Adv.

For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bidupur P.S. Case No. 366 of 2020 registered for the offence under Sections 341, 323, 304 and 307 of the Indian Penal Code and later on Section 302 of the Indian Penal Code has been added. Brother of the informant is alleged to have been assaulted by some unknown persons due to which he sustained knife injuries on the vital part of the body and died during course of treatment.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R., however, his name transpired in this case on

Patna High Court CR. MISC. No.12861 of 2023(4) dt.09-08-2023 2/3 the basis of confessional statement of the co-accused, Anant Prakash, which was recorded in connection with Bidupur P.S. Case No. 488 of 2020. Save and except the confessional statement of the co-accused, no cogent material has surfaced during course of investigation suggesting the involvement of the petitioner in the alleged occurrence. Moreover, co-accused, Vikash Kumar, has already been granted bail by a co-ordinate Bench of this Court vide order dated 09.05.2023 passed in Cr. Misc. No. 6517 of 2023. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 14.09.2022. Learned A.P.P.

for the State on the basis of material available on record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries fifteen more cases other than the present but he fairly submits on the basis of paragraph-3 of the petition that out of fifteen cases, he has been allowed bail in nine cases. Considering the facts and circumstances of the case, let the, above named, petitioner 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 Judicial Magistrate-1st, Class, Vaishali at Hajipur in connection with Bidupur P.S. Case No.

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.12861 of 2023(4) dt.09-08-2023 3/3 properly represented on each and every date fixed by the 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 canceled 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.

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) brajesh/- U T