Dhaneswar Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39904 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- LADAIYATAR District- Munger ====================================================== Dhaneswar Kora Son of Late Veershay Kora Resident of village - Sakhaul, P.S.- Laraiyatand, Dist.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash, Advocate :

Mr. Ratneshwar Prasad, Advocate :

Ms. Nita Kuamri, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Laraiyatand P.S. Case No. 101 of 2021 registered for the offence under Sections 147, 48, 149, 11A, 124(A), 342, 302 and 506 of the Indian Penal Code and under Sections 16, 17, 18, 19, 20, 21 and 22 of the U.A.P. Act.

The accused/petitioner is named in the F.I.R. and is in custody since 12.01.2022.

The allegation against the petitioner is to commit

Patna High Court CR. MISC. No.39904 of 2022(3) dt.14-12-2022 2/3 murder of Parmanand Tuddu, a newly elected Mukhiya of village-Azimganj Panchayat, district-Munger.

Learned counsel appearing on behalf of the petitioner submitted that the entire allegation from the face of F.I.R., where informant is a police officer, is based upon the hearsay input, where nothing surfaced during the course of investigation to connect this petitioner, prima facie, with present set of occurrence/allegation. It is also submitted that petitioner involved in 2 criminal cases, where he is acquitted in one case and is on bail in another. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as nothing surfaced during the course of investigation to connect this petitioner, prima facie, with present allegation, as raised through F.I.R., where petitioner is in custody since 12.01.2022, coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Laraiyatand P.S. Case No. 101 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten

Patna High Court CR. MISC. No.39904 of 2022(3) dt.14-12-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Court of 7th Additional Sessions Judge, Munger/concerned Court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T