Krishna Bind @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51879 of 2021 Arising Out of PS. Case No.-233 Year-2019 Thana- CHENARI District- Rohtas ====================================================== Krishna Bind @ Krishna Kumar Son Of Shri Bind Resident Of VillageDatouli, Police Station- Chenari, District- Rohtas At Sasaram (BIHAR) ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-03-2022 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 four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506, 379 and 34 of the Indian Penal Code.

According to prosecution case, on the basis of written report of one Rita Devi alleging therein that on 03.10.2019 while the Durga Immersion was going on she went out and saw the named accused playing D.J. then she further tried to stop them and during that course only the name accused came assaulted her on her head and when her son came to save her

Patna High Court CR. MISC. No.51879 of 2021(3) dt.30-03-2022 2/3 then the other named accused also came and assaulted him. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. that the allegation against the petitioner that he assaulted with the Garasa to the informant but the injury report reveals otherwise and the nature of injury is simple in nature. The petitioner is in custody since 14.06.2021.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail on the ground that petitioner carries one criminal antecedent other than 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 Chenari P.S. Case No. 233 of 2019, 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

Patna High Court CR. MISC. No.51879 of 2021(3) dt.30-03-2022 3/3 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