Hari Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18410 of 2024 Arising Out of PS. Case No.-663 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== Hari Shankar Rai Son of Late Ram Dewan Rai Resident of Village - Dhum Nagar, P.S.- Ghorasahan, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate For the Informant : Mr. Jainendra Kumar Pushkar, Advocate For the State :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-04-2024 Heard Mr. Sunil Kumar No. III, learned counsel for the petitioner, Mr. Jainendra Kumar Pushkar, learned counsel appearing on behalf of the Informant and Mr. Md. Nazir Ansari, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Ghorasahan P.S. Case No. 663 of 2022, F.I.R. dated 07.12.2022 registered for the offences punishable under Sections 302, 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he killed the son of the informant after assaulting him.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that from

Patna High Court CR. MISC. No.18410 of 2024(2) dt.02-04-2024 2/3 perusal of the F.I.R. it appears that there is specific allegation against co-accused persons namely Kalawati Devi and Suraj @ Surat and there is no specific allegation of any assault or overt act attributed against this petitioner rather there is general and omnibus allegation against the petitioner.

5. Learned counsel for the Informant as well as learned APP for the State vehemently opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner is named in the F.I.R. and he has participated in the present crime in question.

6. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sikrahna at Dhaka, East Champaran, in connection with Ghorasahan P.S. Case No. 663 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.18410 of 2024(2) dt.02-04-2024 3/3 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 witness, 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) Ibrar//- U T