Shankar Mehta @ Tikya @ Tikiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32981 of 2021 Arising Out of PS. Case No.-511 Year-2019 Thana- KRITYANAND NAGAR District- Purnia ====================================================== SHANKAR MEHTA @ TIKYA @ TIKIYA SON OF BIDYA NAND MEHTA Resident of Village - Harda Bazar, P.S,- K. Hat (M aranga), Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the State :

Mr.Ashok Kumar Singh For the Informant Ms. Kanchan Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-02-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State in virtual court proceeding. Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with K.Nagar (Maranga) P.S. Case No. 511/ 2019 registered for the offences punishable under Sections 324, 307, 385, 302, 120B/34 of the IPC and 27 of the Arms Act.

As per the prosecution case, on the alleged date and time of occurrence, the petitioner alongwith other FIR named accused persons came at the brick kiln of informant and

2/4 committed the murder of brother of the informant. It is further alleged that petitioner and others were demanding rangdari of Rs. Five Lacs and also pressurizing the informant to withdraw the previous case lodged by him.

Learned counsel for the petitioner submits that petitioner has committed no offence and he has falsely been implicated in the present case. He further submits that one of the injured persons, namely, Badal Poddar in his statement recorded under Section 164 of the Cr.PC. has not named the petitioner. He further submits that police after investigation submitted charge sheet against the petitioner and other co-accused persons and the petitioner is in custody since 03.02.2020 i.e. more than two years.

Learned counsel for the informant and learned Additional Public Prosecutor opposed the prayer of bail submitting that petitioner carries two criminal antecedent. Learned counsel for the informant submits that charge has been framed against the accused persons. Learned counsel for the State submits that there is sufficient material against the petitioner.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, be

3/4 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 the learned Chief Judicial Magistrate, Purnea in connection with K.Nagar (Maranga) P.S. Case No. 511/ 2019, subject to 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 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 witnesses, 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

4/4 shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T