Abnit Kumar @ Ganga Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18090 of 2020 Arising Out of PS. Case No.-325 Year-2019 Thana- SURYAGARHA District- Lakhisarai ====================================================== ABNIT KUMAR @ GANGA RAM Son of Rajendra Singh Resident of Village - Salempur, P.O. + P.S.- Suryagarha, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suman Kumar Mishra For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 22-06-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302/201 of the Indian Penal Code.

As per FIR, a dead body of about 55 years old was found in a ditch of field near Katyayni Asthan. However, no one identified the dead body.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case due to village politics. It is further submitted that petitioner is not

Patna High Court CR. MISC. No.18090 of 2020(4) dt.22-06-2020 2/3 named in the FIR and his name has surfaced in this case on the confessional statement made by the co-accused Vidya Bhushan Prasad and except said confessional statement, there is no any other incriminating material against the petitioner. There is no eye-witness of the case. Petitioner has no criminal antecedent and he is in custody since 20.12.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Suryagarha P.S. Case No. 325/2019 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of

Patna High Court CR. MISC. No.18090 of 2020(4) dt.22-06-2020 3/3 bail of the petitioner.

(S. Kumar, J) Sanjay/- U T