Patna High CourtCR. MISC./32994/2023bail granted

Satish Kumar v. The State Of Bihar

2023-08-16Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32994 of 2023 Arising Out of PS. Case No.-37 Year-2020 Thana- ALIPUR District- Gaya ====================================================== Satish Kumar S/O- Late Naresh Prasad Singh Village- Pahal Bigha Ps- kako Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

3. Petitioner seeks bail who is in custody since 25.01.2023 in connection with Alipur P.S. Case No. 37 of 2020, F.I.R. dated 08.06.2020 for the offences punishable under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

4. According to prosecution case, the father of the informant, who was a chowkidar, is said to have been called and shot dead by some unknown miscreants.

5. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired

Patna High Court CR. MISC. No.32994 of 2023(3) dt.16-08-2023 2/3 during investigation on the basis of the confessional statement of the co-accused, namely, Pawan Kumar and nothing has been recovered from the conscious possession or the house of the petitioner. He further submits that except the confessional statement of the co-accused, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Pawan Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 25.10.2021 passed in Cr. Misc. No. 20032 of 2021 and other similarly situated co-accused persons have also been granted bail by different Co-ordinate Bench of this Hon'ble Court. The petitioner is in custody since 25.01.2023.

6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries two criminal antecedents other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in one case.

7. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.32994 of 2023(3) dt.16-08-2023 3/3 the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gaya in connection with Alipur P.S. Case No. 37 of 2020, subject to the following conditions:- i. 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. 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.

iii. 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 antecedent, 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) Vanisha/- U T