Nandan Kumar @ Nandan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9007 of 2022 Arising Out of PS. Case No.-293 Year-2021 Thana- BAKHARI District- Begusarai ====================================================== Nandan Kumar @ Nandan Mahto Son of Sri Shambhu Mahto Resident of Charahi, P.S.- Bakhri (Parihara O.P.), District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand, Sr. Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-07-2022 Heard learned senior counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bakhri P.S. Case No. 293 of 2021 registered for the offence under Sections 363, 365, 326(A), 302 and 201 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 06.11.2021.

The allegation against the petitioner is to commit murder of the son and nephew of the informant alongwith other co-accused persons.

Patna High Court CR. MISC. No.9007 of 2022(3) dt.04-07-2022 2/3 Learned senior counsel appearing on behalf of the petitioner submitted that except suspicion, there is nothing against the petitioner. It has been submitted that informant is not the eye witness of the occurrence. It has further been submitted that statement of one of the eye witness, namely, Sarita Kumari, recorded under Section 164 of Cr.P.C., during the course of investigation, wherein, it has been categorically stated that the deceased was last seen with the co-accused, namely, Vikram Kumar. While concluding the argument, it has been submitted that the petitioner is a man of clean antecedent and, moreover, chargesheet has already been submitted in this case, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that the informant is not the eye witness of the occurrence.

Considering the facts and circumstances as mentioned above, as the informant is not the eye witness of the occurrence coupled with the fact that deceased was last seen with the coaccused, namely, Vikram Kumar, let the petitioner, above named, is directed to be released on bail in connection with Bakhri P.S. Case No. 293 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.9007 of 2022(3) dt.04-07-2022 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Begusarai, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(ii) That one of the bailors shall be Shambhu Mahto, who is the father of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T