Hemant Kumar Singh @ Jhunjhun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13506 of 2023 Arising Out of PS. Case No.-190 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== Hemant Kumar Singh @ Jhunjhun Singh S/O Ashok Kumar Singh R/vKarmwari, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neeraj Kumar Alias Sanidh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

3. Petitioner seeks bail who is in custody since 30.04.2022 in connection with Paroo P.S. Case No. 190 of 2022, F.I.R. dated 26.04.2022 for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

4. According to prosecution case, the son of the informant went with four boys(including the petitioner) who came at his house to Taphanpur Market and after sometime the informant came to know that his son has been murdered.

Patna High Court CR. MISC. No.13506 of 2023(3) dt.19-07-2023 2/3

5. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis of suspicion. He further submits that the informant is not the eye witness of the alleged occurrence and at best the petitioner is the person who was last seen with the deceased and even no one is the eye witness of the alleged occurrence. He further submits that during investigation the petitioner has confessed his guilt and except the suspicion and confessional statement of the petitioner, no cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 30.04.2022.

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

7. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Judicial Magistrate 1st Class (west) at Muzaffarpur in connection with Paroo P.S. Case No. 190 of 2022, subject to the following

Patna High Court CR. MISC. No.13506 of 2023(3) dt.19-07-2023 3/3 conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court 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 prosecution will be at liberty to move for cancellation of bail.

3. 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) Vanisha/- U T