Keshav Kumar @ Keshav Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14246 of 2023 Arising Out of PS. Case No.-119 Year-2022 Thana- DANDARI District- Begusarai ====================================================== KESHAV KUMAR @ KESHAV KUMAR SINGH S/O Bindu Singh R/O Dandari Tetri, Ward No- 07, P.S- Dandari, District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Dandari P.S. Case No. 119 of 2022 dated 29.12.2022 registered for the offence under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

The informant is subjected to assault by fists and legs by the petitioner and his companions due to which the informant became unconscious.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the allegation, as alleged in the F.IR, is

Patna High Court CR. MISC. No.14246 of 2023(2) dt.15-05-2023 2/3 false and fabricated as no such occurrence has taken place. He further submits that it appears from the F.I.R. itself that no specific allegation of assault of any overt act is attributed to the petitioner rather there appears to be general and omnibus allegation of assault leveled against the accused persons including the petitioner. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 29.12.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, 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-1st Class, Begusarai in connection with Dandari P.S. Case No. 119 of 2022 with the following 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/her absence on two consecutive dates

Patna High Court CR. MISC. No.14246 of 2023(2) dt.15-05-2023 3/3 without sufficient reason, his/her bail bond shall be canceled 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.

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) brajesh/- U T