Govind Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 36870 of 2023 Arising Out of PS. Case No.-146 Year-2022 Thana- ABADPUR District- Katihar ====================================================== GOVIND DAS Son of Late Bishwanath Das Resident of village - Sahpara, Sankola, P.S. - Abadpur, Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Bimal Kumar, Advocate For the Opposite Party/s :

Ms Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and the learned APP.

The petitioner has preferred this application for grant of regular bail in connection with Abadpur PS Case No 146 of 2022 dated 15.09.2022 registered for the offence punishable under Sections 302/34 of the IPC.

As per the prosecution case, the informant received information that his mother was shot dead by some unknown persons.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner bears clean antecedent, as stated in paragraph 3 of the bail petition. It is further submitted that there

Patna High Court CR. MISC. No.36870 of 2023(2) dt.07-07-2023 2/2 is no eye witness to the occurrence. The petitioner is in custody in this case since 26.09.2022.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Katihar in Abadpur PS Case No 146 of 2022 dated 15.09.2022 subject to the following conditions:

(1) One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

(2) The petitioner shall remain physically present before the Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T