Pramod Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11337 of 2022 Arising Out of PS. Case No.-192 Year-2020 Thana- NARHATT District- Nawada ====================================================== 1.

PRAMOD RAJVANSHI S/o Late Mathura Rajvanshi Resident of Village/Mohalla - Sinduari, P.S. - Narhat, District - Nawada. 2.

Dina Rajvanshi S/o- Sitaram Rajvanshi Resident of Village/ MohallaSinduarui, P.S.- Narhat, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Deo Raj, Advocate For the State :

Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-06-2022 Learned counsel for the petitioners fairly submits that due to inadvertence the date figured in para 10 is wrongly been typed as 10.10.2020 instead of 10.10.2021.

Learned counsel for the petitioners are directed to correct the date in course of the day.

Permission is granted.

Heard counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Narhat P.S. Case No. 192/2020, now corresponding Sessions Trial No. 239/2021, lodged under Sections 302, 201, 448/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.11337 of 2022(2) dt.14-06-2022 2/3 As per allegation made in the F.I.R., accused along with other persons have killed the son of informant by hanging him on fan.

Learned counsel for the petitioners submit that the present F.I.R. may be lodged under Section 302 but after investigation, charge-sheet has been submitted under Section 306/34 of the Indian Penal Code against the accused persons. He further submits that the petitioner is in custody since 10.10.2021. He further submits that from the FIR itself, it transpires that no one has seen the occurrence and the present case has been filed on the basis of doubt only. He further submits that other co-accused persons were granted bail vide order dated 24.08.2021 and 25.05.2022 in Cr. Misc. No. 11794 of 2021 and Cr. Misc. No. 7086 of 2021.

Learned APP for the State opposes the prayer for bail. Considering the fact of this case and upon perusal of the record that charge-sheet has been filed in this case under section 306/34 of the Indian Penal Code and petitioner is in custody since 10.10.2021, having no criminal antecedent as well as with a view to maintain the parity, let the petitioners above named be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Twenty Five Thousand) each with two sureties of the

Patna High Court CR. MISC. No.11337 of 2022(2) dt.14-06-2022 3/3 like amount each to the satisfaction of learned court of Additional District and Sessions Judge-XII, Nawada, in connection with Narhat P.S. Case No. 192/2020, now corresponding Sessions Trial No. 239/2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. (Dr. Anshuman, J) Ranjeet/- U T