Kundan Bansfore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28651 of 2021 Arising Out of PS. Case No.-582 Year-2020 Thana- KATIHAR District- Katihar ====================================================== Kundan Bansfore aged about 30 years Son Of Late Bahadur Bansfore Resident Of Village - Daheria Chowk, P.S.- Katihar (N), Distt.- Katihar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/201/34 of the Indian Penal Code.

As per the prosecution case, informant's son who was driver of a pick up van suddenly became traceless and his mobile phone was switched off and two days later his dead body was recovered.

Learned counsel for the petitioner submits that the petitioner's name has figured during course of investigation on the basis of suspicion that he had enmity with the deceased and on the date of occurrence there was continuous

Patna High Court CR. MISC. No.28651 of 2021(2) dt.06-08-2021 2/3 talk between the deceased and the petitioner. Informant is not the eye witness of the occurrence and only on the basis of aforesaid conversation, petitioner has been made accused in the instant case. Petitioner claims clean antecedent and he is in custody since 30.11.2020. Charge sheet has already been submitted.

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

Considering the rival submissions of the parties and the materials available on the record, let the petitioner, mentioned above, be enlarged 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 Chief Judicial Magistrate, Katihar in Katihar Nagar Police Station Case No. 582 of 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

Patna High Court CR. MISC. No.28651 of 2021(2) dt.06-08-2021 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T