Karunanidhi Das @ Kumar Karunanidhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22381 of 2022 Arising Out of PS. Case No.-139 Year-2020 Thana- BELHAR District- Banka ====================================================== KARUNANIDHI DAS @ KUMAR KARUNANIDHI, SON OF LATE RASIK LAL DAS, R/O VILLAGE- CHOURA, P.S.- BELHAR, DISTRICTBANKA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarveshwar Tiwary, Advocate For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-07-2022 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 325, 307/34 of the Indian Penal Code.
Allegation against the petitioner is to have given khanti blow on the head of the informant with intent to kill him. 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 at the time of occurrence, in fact, petitioner was out of village as he is working as government teacher in Middle School at Kamarsar Sangrampur (Munger). It is further submitted that the injury report also does not support the prosecution case, as the injury
Patna High Court CR. MISC. No.22381 of 2022(2) dt.18-07-2022 2/3 sustained by the informant is not sharp cut injury whereas it is alleged that petitioner gave khanti blow on head of the informant. It is further submitted that another co-accused Navin Kumar Das has already been granted bail by court below itself. Petitioner has no criminal antecedent and he is in custody since 07.03.2022.
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 Belhar P.S. Case No. 139/2020 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.22381 of 2022(2) dt.18-07-2022 3/3 bail of the petitioner.
(S. Kumar, J) Sanjay/- U T