Bhola Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46840 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Bhola Kumar Son Of Rameshwar Ray Village- Rajadih, P.S.- Tariyani,Distt.- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-11-2024 Heard Mr.Alok Kumar Alok, learned counsel for the petitioner and Mr.Syed Ehteshamuddin, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 31.03.2024 in connection with Sahebganj P.S. Case No. 153 of 2024, F.I.R. dated 30.03.2024 registered for the offence punishable under Sections 364,365/34 of IPC.
3. According to prosecution case, all the accused persons have kidnapped the son of the informant for ransom.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the confessional
Patna High Court CR. MISC. No.46840 of 2024(4) dt.22-11-2024 2/3 statement of co-accused persons, namely, Adarsh Kumar @ Shivam and self-confessional statement of the petitioner and coaccused persons, namely, Sri Sant Kumar Singh @ Raja@ Sri Sant Kumar and Adarsh Kumar @ Shivam Kumar have been granted bail by this Court vide orders dated 21.09.2024 and 27.09.2024 passed in Cr. Misc. Nos.47884 of 2024 and 55532 of 2024 respectively and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 31.03.2024.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid fact and petitioner has clean antecedent, 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 learned J.M. 1st Class, Court No.4, Muzaffarpur in connection with Sahebganj P.S. Case No. 153 of 2024,with 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/her absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.46840 of 2024(4) dt.22-11-2024 3/3 reason, his/her 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) Nitesh/- U T