Guddu Tanti @ Lokesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45021 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- MOKAMAH District- Patna ====================================================== GUDDU TANTI @ LOKESH KUMAR Son of Late Ramkishun Das R/vDoctor Toli, Ward no. 7, P.S- Mokama, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Murli Dhar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 28.02.2022 in connection with Mokama P.S. Case No. 62 of 2022, F.I.R. dated 25.02.2022 registered for the offence punishable under Sections 302, 120(B),34 of the Indian Penal Code.

The informant alleged that her son is said to have killed by the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. Further submits that from bare perusal of the FIR that the informant has raised suspicion against the petitioner and her tenant Khusbu and Rupesh Kumar.

Patna High Court CR. MISC. No.45021 of 2022(8) dt.07-04-2023 2/3 Further submits that except suspicion and self-confessional statement of the petitioner, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 28.02.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the aforesaid fact, 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 Additional Chief Judicial Magistrate-II, Barh, Patna in connection with Mokama P.S. Case No. 62 of 2022, 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/her absence on two consecutive dates without sufficient reason, his/her 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.

Patna High Court CR. MISC. No.45021 of 2022(8) dt.07-04-2023 3/3

(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) Nitesh/- U T