Prem Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23456 of 2021 Arising Out of PS. Case No.-168 Year-2019 Thana- BELSAND District- Sitamarhi ====================================================== Prem Patel, Son of Late Kailash Patel R/o Village- Naya Tola, Riga Road, Ward No.1, P.S.- Sitamarhi, District- Sitamardhi (But in F.I.R. it has been written as resident of Village- Muraliya Chak, Ward No.4). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhubala Verma, Advocate.

For the Opposite Party/s :

Mr. Ram Sewak Chaudhary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-08-2021 Let the defects be removed within four weeks of the start of the physical Court.

Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation is that for land dispute, the son of the informant was done to death. Suspicion is against the petitioner also for the reason that the petitioner had threatened to the deceased in the past. Suspicion is against Arun Bhagat also for the reason that on 06.11.2019 Arun Bhagat called the deceased on mobile to take away his own vehicle and return the vehicle of Arun Bhagat. On 07.11.2019, the deceased left his house to exchange vehicle from Arun Bhagat. Later on dead body of the

Patna High Court CR. MISC. No.23456 of 2021(2) dt.10-08-2021 2/2 son of the informant was found in the field side. Submission is that except suspicion, there is no other evidence against the petitioner who is in jail since 28.12.2020. Investigation of the case is already complete. Petitioner has got no criminal antecedent.

Considering the facts aforesaid and nothing to substantiate that the petitioner is going to tamper with the evidence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Belsand P.S. Case No. 168 of 2019, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T