Pramod Thakur @ Pramod Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54664 of 2021 Arising Out of PS. Case No.-176 Year-2020 Thana- MUSAHARI DistrictMuzaffarpur ====================================================== Pramod Thakur @ Pramod Kumar Thakur S/O Late Ram Lagan Thakur Resident Of Village- Manipur (Real Village- Dwarikapur), P.S.- Sakra, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Raju Kumar, Advocate For the State :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code.

As per allegation in the F.I.R. on 20.10.2020, it has been alleged by the informant Anita Devi that the accused persons came at her house and took away her brother-in-law Umesh Singh but did not return home late night. On 31.10.2020 she came to know that a headless dead body was lying in Mushahari

Patna High Court CR. MISC. No.54664 of 2021(3) dt.06-04-2022 2/3 police station area. Further stated that the accused person along with others committed murder of her brother-in-law. Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case only on the basis of suspicion. Further submits that there is no eye witness to the alleged occurrence. He further submits that the date of occurrence is 20.10.2020 and the present F.I.R. has been instituted on 23.10.2020 without any explanation of delay. Further submits that during investigation nothing has come against the petitioner and the petitiioenr is in custody since 01.07.2021. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Mushahari P.S. Case No. 176 of 2020, with 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

Patna High Court CR. MISC. No.54664 of 2021(3) dt.06-04-2022 3/3 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 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) Ibrar//- U T