Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27924 of 2020 Arising Out of PS. Case No.-156 Year-2019 Thana- KASBA District- Purnia ====================================================== KRISHNA KUMAR S/o Krityanand Das Resident of Ranipatra, P.S.- Muffasil, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh,Adv.

For the Opposite Party/s :

Mr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-11-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Mr. Kumar Uday Pratap, learned APP, is appearing as it is submitted that the brief has been allotted to him by the office of Advocate General. His name may also be printed in the cause list.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honor his

Patna High Court CR. MISC. No.27924 of 2020(2) dt.04-11-2020 2/3 undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Kasba P.S. Case no. 156 of 2019 instituted for the offence under Sections 302 and 201 of the Indian Penal Code.

The recovery of unidentified dead body by village 'Chowkidar' has led to lodging of the F.I.R.

It is submitted by the petitioner's counsel that in investigation it has come to light that the wife of deceased was having an illicit relation with one Masik Alam. Learned counsel for the petitioner further submits that even as per the investigation it is the Masik Alam, who has stabbed the victim. The petitioner and co-accused Firoz Alam are said to be the conspirators. Firoz Alam has already been allowed bail in Cr. Misc. No. 77121 of 2019. Petitioner has no criminal antecedents and he is in custody since 23.08.2019.

The learned APP has opposed the prayer for bail. Considering the aforesaid, 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 the C.J.M. Purnea, in connection with

Patna High Court CR. MISC. No.27924 of 2020(2) dt.04-11-2020 3/3 Kasba P.S. Case No. 156 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T