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Patna High CourtCR. MISC./45808/2024bail granted

Praveen Kumar Singh v. The State Of Bihar

2024-08-28Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45808 of 2024 Arising Out of PS. Case No.-475 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== Praveen Kumar Singh Son of Arun Kumar Singh @ Arun Singh Resident of Village - Bardaha Ward No.- 04, P.S.- Narpatganj, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Bhushan Das, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-08-2024 Heard Mr. Chandra Bhushan Das, learned counsel for the petitioner and Mr. Rana Randhir Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 15.04.2024, in connection with Narpatganj P.S. Case No. 475 of 2022, F.I.R. dated 02.11.2022 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

3. Allegation against the petitioner is that the petitioner has been seen with the deceased person just before the date of occurrence.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and till the submission of the

Patna High Court CR. MISC. No.45808 of 2024(3) dt.28-08-2024 2/3 chargesheet name of the petitioner has not been transpired during investigation in the present case and just after the filing of the chargesheet, the statement of one Rajendra Singh has been recorded and the said Rajendra Singh has stated that he has seen the petitioner just before the date of occurrence along with the deceased person. Learned counsel for the petitioner further submits that the statement of main accused person Soni Kumari @ Soni Devi who happens to be wife of the deceased was recorded in which she has not stated anything about the petitioner and said Soni Kumari @ Soni Devi has been granted bail by this Court vide order dated 07.08.2023 passed in Cr. Misc. No. 34309 of 2023. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 15.04.2024.

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

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and except the statement of one Rajendra Singh that he has seen the petitioner with the deceased, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.45808 of 2024(3) dt.28-08-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 475 of 2022, 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 witness, 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 antecedents, 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) Ibrar//- U T