Tuntun Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28357 of 2020 Arising Out of PS. Case No.-90 Year-2019 Thana- SUIYA District- Banka ====================================================== Tuntun Pandit, aged about 40 years Son of Late Brahmdeo Pandit Resident of Village - Saray, Police Station - Sangrampur, District - Munger ... Petitioner

Versus

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

For the Petitioner :

Mr.Praveen Kumar, Advocate For the Opposite Party :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for the offence punishable under sections 302/201/34 of the Indian Penal Code.

After recovery of a dead body of unknown female which was lying in a bush near Bauna Pahari, the FIR was lodged against unknown by the chaukidar.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is no eye witness of the alleged occurrence and there is no incriminating material against the petitioner and only on the basis of his self confessional statement before the police, he has been made accused in this case. Petitioner has got criminal antecedent and he is in

Patna High Court CR. MISC. No.28357 of 2020(4) dt.27-01-2021 2/2 custody since 17.10.2019.

Learned counsel for the State opposes the prayer for bail.

Considering the nature of allegation and the period of custody, prayer for bail of the petitioner is allowed. 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 Additional Sessions Judge I, Banka in Sessions Trial No. 78 of 2020/Suiya Police Station Case No. 90/2019 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 witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T