Monu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10534 of 2022 Arising Out of PS. Case No.-469 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== Monu Kumar Son Of Raghubir Prasad @ Raghuveer Prasad R/O Mohalla- (Little Secholar), Arya Nagar, Chapra, P.S.- Chapra Town, District- Saran841301 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brajesh Kumar Singh, Advocate For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP 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 Chapra Town P.S. Case No. 469 of 2021 registered for the offence under Sections 302 and 34 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 08.10.2021.
The allegation against the petitioner is to commit murder of the father of the informant, along with other coaccused persons, by assaulting with knife.
Patna High Court CR. MISC. No.10534 of 2022(3) dt.28-11-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that informant is not the eye-witness of the occurrence, where maximum allegation, as per viral video, against this petitioner is to stand near the place of occurrence, where, even, it is not clear that who made assault with knife to the father of the informant. It is submitted that rickshaw puller, who brought dead body of the father of the informant, claiming to be an eye-witness of the occurrence, was never called to join TIP, during the course of investigation. It is also submitted that no incriminating material surfaced/recovered, save and except doubtful viral video against this petitioner, to connect the petitioner with present alleged occurrence.
It is further submitted that genuineness of alleged viral video is yet to be ascertained from FSL. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent, moreover, investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded that informant is not the eye-witness of the occurrence.
Considering the facts and circumstances as mentioned
Patna High Court CR. MISC. No.10534 of 2022(3) dt.28-11-2022 3/3 above, as informant is not the eye-witness of the occurrence, where genuineness of viral video is yet to be examined coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Chapra Town P.S. Case No. 469 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra/concerned court, 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 learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(ii) That one of the bailors shall be deponent of the present bail petition."
(Chandra Shekhar Jha, J) R.S.Sen/- U T