Banti Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28798 of 2021 Arising Out of PS. Case No.-291 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== BANTI KUMAR JAISWAL Son of Ajay Jaiswal Resident of Village- Main Road Civil Line Buxar, Ward No. 19, P.S.- Buxar (T), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Mishra For the Opposite Party/s :

Mr. Kalyan Shanker, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and u/s 3(2)(v) of the SC/ST Act.

As per the prosecution case, the informant got information that dead body of her son is lying near Hanuman Nagar. On this information she went there and found the dead body. The informant suspected that this petitioner along with Gyan Dubey had committed murder of her son. The reason for suspicion is that two days prior to the occurrence this petitioner has threatened the son of informant due transaction of money. It is submitted that petitioner has been made accused only on the basis of suspicion and during the course of investigation no substantive evidence has come to suggest the complicity of the petitioner in this case. Petitioner claims clean

Patna High Court CR. MISC. No.28798 of 2021(2) dt.10-08-2021 2/2 antecedent and is in custody since 04.11.2020 and charge sheet has already been submitted.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, 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 Additional Sessions Judge-I-cum- Special Judge, Buxar, in connection with Buxar (M) PS case No. 291/2020 on 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 without sufficient reason, his/her 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.

(Prabhat Kumar Singh, J) BKS/- U T