Tarkeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41532 of 2023 Arising Out of PS. Case No.-135 Year-2023 Thana- BHELDI District- Saran ====================================================== Tarkeshwar Singh Son of Late Kameshwar Singh Resident of village - Neknam Tola, P.S. - Barhara, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Mohan Tripathi, Advocate For the Opposite Party/s :

Mr. Rita Verma, 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. Petitioner seeks bail who is in custody since 19.05.2022 in connection with Bheldi P.S. Case No. 135 of 2023 , F.I.R. dated 19.05.2023 for the offences punishable under Sections 384 and 385 of the Indian Penal Code.

3. According to prosecution case, the petitioner is alleged to have been found guilty of taking bribe on the basis of video clips.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case on the basis of video footage, in which the name of the petitioner has been transpired that the petitioner has taken bribe from the tractor drivers and without

Patna High Court CR. MISC. No.41532 of 2023(3) dt.16-08-2023 2/3 verifying the video clips, the petitioner has falsely been implicated in the present case. The petitioner is Hawaldar in the Bihar Police. He is in custody since 19.05.2022.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. 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 Chief Judicial Magistrate, Chapra, in connection with Bheldi P.S. Case No. 135 of 2023, 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

Patna High Court CR. MISC. No.41532 of 2023(3) dt.16-08-2023 3/3 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) Aditi U T