Ranjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36371 of 2021 Arising Out of PS. Case No.-504 Year-2020 Thana- AKBARPUR District- Nawada ====================================================== Parvin Kumar @ Praveen Kumar @ Pawan Kumar, aged about 25 years, Son of Shri Mahendra Mistri Resident of Village - Kharsan, P.S.- Govindpur, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 38451 of 2021 Arising Out of PS. Case No.-504 Year-2020 Thana- AKBARPUR District- Nawada ====================================================== Ranjit Kumar (Male) aged about 20 years, son of late bhuna prasad @ bhuna mahto resident of village- murtiya, p.s.- Sirdalla, District- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 36371 of 2021) For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Adv.
Mr. Lakshmi Kant Sharma, Adv.
For the Opposite Party/s :
Mr. Bal Mukund Prasad, APP (In CRIMINAL MISCELLANEOUS No. 38451 of 2021) For the Petitioner/s :
Mr. Deepak Kumar, Adv.
For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-02-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State in both the cases. Petitioners seek bail in connection with Akbarpur P.S. Case No. 504 of 2020 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.
2/4 The prosecution case, in short, is that on 03.09.2020 at about 10 A.M., the daughter of the Informant, namely, Kriti Kumari had gone to Govindpur Ziwika office to bring honorarium of twelve months but, she did not return to her house till 10 P.M. On the next day, her dead body was found near Patangi Mor.
Learned counsel for the petitioners submits that the petitioners have clean antecedent and have committed no offence and they have falsely been implicated in the present case merely on the basis of suspicion. He further submits that the petitioners are not named in the First Information Report and on the basis of confessional statement of the petitioner, Parvin Kumar @ Praveen Kumar @ Pawan Kumar, the petitioners have been implicated in the present case. He further submits that except the confessional statement, nothing has come during investigation and, after investigation, the police has submitted the charge-sheet against the petitioners and other accused persons. He further submits that the co-accused, namely, Ravindra Kumar has been granted bail by a Coordinate Bench of this Court vide order dated 19.08.2021 passed in Cr. Misc. No. 13758 of 2021 and the petitioners are in custody since 06.09.2020 and 11.01.2021 respectively.
3/4 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners. Considering the aforesaid facts and circumstances of the case, let the petitioners, in both the cases, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No. 504 of 2020, subject to the following conditions:-
1. Petitioners 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, their bail bonds shall be cancelled by the Court below.
2. If the petitioners tamper 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) rishi/- U T