Aniket Kumar @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29644 of 2022 Arising Out of PS. Case No.-508 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== Aniket Kumar @ Suraj Kumar S/o Mithu Yadav, Resident of Village- Ganpat Tola, P.S. Jagdishpur, District- Bhojpur, Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Narayan, Sr. Advocate Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-09-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

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

Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 365, 34 of the Indian Penal Code but the police submitted chargesheet under Sections 302, 120(B), 201/34 of the Indian Penal Code. Prosecution case in short is that the brother of the informant was initially kidnapped and later on he was done to death by the accused persons and the name of the petitioner surfaced during court of investigation.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.29644 of 2022(3) dt.27-09-2022 2/3 petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that in fact the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of so-called self confessional statement of the petitioner and except the self confessional statement of the petitioner, no cogent material has come against the petitioner and merely on the basis of suspicion the petitioner has been falsely implicated in the present case and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 17.12.2021.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, 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 Court below where the case is pending in connection with Jagdishpur P.S. Case No. 508 of 2021, with 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

Patna High Court CR. MISC. No.29644 of 2022(3) dt.27-09-2022 3/3 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 witness, 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 antecedents, 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 shall not be delayed for purpose of or in the name of verification.

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