Kariya Singh @ Vishal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25911 of 2021 Arising Out of PS. Case No.-553 Year-2020 Thana- ARA NAGAR District- Bhojpur ====================================================== KARIYA SINGH @ VISHAL SINGH, son of Shailendra Singh Resident of village- Keshopur, P.S- Barahara, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Makardhwaj Upadhyay For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

Petitioner seeks bail in connection with Ara Nagar (Town) P.S. Case No. 553 of 2020, registered for the offences punishable under Section 302/34 of the Indian Penal code. According to prosecution case as per written report of Kamakhya Narayan Ram is that his son Dhananjay Kumar @ Dhanji Ram was killed by fire arm near Tinmuhani Keshopur Tempoo Stand at Gangi Ara on 06.11.2020. It is further alleged that three days ago, the son of the informant was beaten by tempo agent at Keshopur and he has threatened him to dire consequences.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.25911 of 2021(3) dt.27-01-2022 2/3 petitioner is not named in the FIR and he has been falsely been implicated in the present case. He further submits that only on the basis of suspicious, the name of the petitioner has been implicated in the present case. He further submits that the coaccused namely, Mithilesh Paswan, has been granted bail by the coordinate Bench of this Court vide order dated 06.01.2022 passed in Cr. Misc. No.46409 of 2020 and the petitioner is in custody since 07.12.2020.

The learned Additional Public Prosecutor opposed the prayer of bail and submits that petitioner carries two more cases. Considering the aforesaid facts and circumstances as well as period of custody, 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 Chief Judicial Magistrate, Bhojpur at Ara, in connection with Ara Nagar (Town) P.S. Case No. 553 of 2020, subject to 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.25911 of 2021(3) dt.27-01-2022 3/3

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) sanjeev/- U T