Raju Kumar @ Sri Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20336 of 2021 Arising Out of PS. Case No.-110 Year-2019 Thana- MARANCHI District- Patna ====================================================== Raju Kumar @ Sri Prakash Son of Pappu Singh @ Pappu Kumar Singh Resident of Village - Nadwaan, P.S. - Barh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Priyanka Singh For the Opposite Party/s :

Mr. Zainul Abadin A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

13-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Maranchi P.S. Case No. 110 of 2019, registered for the offence under Sections 302, 201, 34 of the Indian Penal Code.

As per the prosecution case, on 22.09.2019 at about 7:00 AM, two co-accused persons namely Narayan Singh and Kundan Kumar, in presence of informant, took away husband of the informant and subsequently, the dead-body of her husband was recovered.

Petitioner is not named in the FIR. Name of petitioner has come during course of investigation on the basis of confessional statement of co-accused Kanhaiya Kumar. It is further submitted that the entire case is based on circumstantial

Patna High Court CR. MISC. No.20336 of 2021(2) dt.13-07-2021 2/3 evidence. So far as this petitioner is concerned, only suspicion has been raised against him. Co-accused namely Kundan Kumar and Ravi Shankar Vidyarthi have already been granted bail by this Court, vide orders available at Annexure 2 series to the petition. Petitioner claims clean antecedent and he is in custody since 08.09.2020. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the rival submissions of the parties and the materials available on record as well as period of custody and clean antecedent of the petitioner, the bail petition of petitioner is allowed. 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, Barh, District - Patna in connection with Maranchi P.S. Case No. 110 of 2019, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.20336 of 2021(2) dt.13-07-2021 3/3 prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T