Hareram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41021 of 2022 Arising Out of PS. Case No.-467 Year-2021 Thana- KHAIRA District- Jamui ====================================================== HARERAM SINGH Son of Ramavatar Singh Resident of villageMangechapri, P.S- Khaira, district- Jamui ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

According to prosecution case, the informant has stated that on 20.12.2021 he received a secret information that a dead body of unknown person was lying at Sukhnar river, thereafter for verification of said information, informant reached that place. It is further alleged that after reached there he found that a dead body of unknown male person was lying and there was cut injury over his neck and age of deceased was about 37 years and there was tatoo over his right hand and a bangle was

Patna High Court CR. MISC. No.41021 of 2022(3) dt.14-02-2023 2/3 found in his left hand.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that petitioner is not named in the F.I.R. and the name of the petitioner has transpired during investigation on the basis of re-statement of the father-in-law of the deceased. He further submits that there is no eye witness of the alleged occurrence and only on the basis of suspicion the name of the petitioner has falsely been implicated in this case. He further submits that except suspicion no cogent material has come during investigation against the petitioner and the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 02.05.2022. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carried one criminal antecedent other then the present one.

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 the like amount each to the satisfaction of the learned Court below where the case is pending in connection with G.R. No.

Patna High Court CR. MISC. No.41021 of 2022(3) dt.14-02-2023 3/3 3644 of 2021 arising out of Khaira P.S. Case No. 467 of 2021, subject to 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 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 witnesses, 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 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) mdrashid/- U T