Gorakh Mistry @ Gorakh Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45165 of 2022 Arising Out of PS. Case No.-115 Year-2022 Thana- MANER District- Patna ====================================================== GORAKH MISTRY @ GORAKH SAW SON OF LATE RAM GOVIND SAW R/O VILLAGE- MAHINAMA, P.S.- MANER, DISTRICT- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Digamber Kr. Singh For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 30-01-2023 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Maner P.S. Case No. 115 of 2022 registered for the offences punishable under Sections 302 and 34 of the IPC.

As per prosecution case, informant's brother has been killed by close friends under conspiracy. It is further alleged that petitioner has made communication with the deceased on mobile.

Learned counsel for the petitioner submits that petitioner is in custody since 17.02.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and

Patna High Court CR. MISC. No.45165 of 2022(3) dt.30-01-2023 2/3 there is no likelihood of tampering with the prosecution evidence. He further submits that there is no eye witness to the alleged occurrence. Except suspicion, there is nothing on record to demonstrate the complicity of petitioner with the alleged occurrence. He further submits that petitioner is quite innocent and has been falsely implicated in the case.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, 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 J.M. 1st Class, Danapur in connection with Maner P.S. Case No. 115 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

Patna High Court CR. MISC. No.45165 of 2022(3) dt.30-01-2023 3/3 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) vashudha/- U T