Kaju Kumar @ Kaju @ Aslam @ Md. Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29737 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- KASBA District- Purnia ====================================================== KAJU KUMAR @ KAJU @ ASLAM @ MD. ASLAM son of Raju Khalifa @ Samruddin Village- Fulwaria Ps- Kasba Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Kasba P.S. Case No. 29 of 2023 registered for the offences punishable under Section 302/34 of the IPC.

As per prosecution case, on 19.01.2023 co-accused Sanjeev Kumar had taken informant's son to Birpur for catering work on daily wages. For the said Catering work, petitioner and others had gone to Birpur alongwith 8-10 men in auto. On 20.01.2023 at about 5 a.m., informant woke up and found the dead body of her son in her angan (courtyard) and accused persons including the petitioner fled away.

Learned counsel for the petitioner submits that petitioner is in custody since 21.01.2023 and bears no criminal

Patna High Court CR. MISC. No.29737 of 2023(2) dt.12-06-2023 2/3 antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that specific allegation of taking away informant's son for catering work is against co-accused Sanjeev Kumar and against Md. Iftekhar from whose tempo informant's dead body was thrown up and petitioner has nothing to do with the alleged occurrence. He further submits that petitioner is daily wage earner and except suspicion there is nothing on record to demonstrate the complicity of petitioner with the alleged occurrence.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, District-Purnea in connection with Kasba

Patna High Court CR. MISC. No.29737 of 2023(2) dt.12-06-2023 3/3 P.S. Case No. 29 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) vashudha/- U T