Indal Singh @ Indal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46765 of 2023 Arising Out of PS. Case No.-95 Year-2022 Thana- DHOLBAJJA District- Bhagalpur ====================================================== Indal Singh @ Indal Kumar Son Of Late Bedanand Singh Resident Of Village Pachgachia Tola Kadwa Ps Dholbajja Kadwa District Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 03.04.2023 in connection with Dholbajja (Kadwa) P.S. Case No. 95 of 2022, F.I.R. dated 09.10.2022 for the offences punishable under Sections 302/34 of the Indian Penal Code along with Section 27 of the Arms Act.

3. According to prosecution case, husband of the informant was found shot dead.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case merely on the basis of suspicion. He further submits that the informant is not the eye witness of the alleged occurrence and except the suspicion, no other cogent material has come during the investigation to suggest the involvement of

Patna High Court CR. MISC. No.46765 of 2023(3) dt.28-08-2023 2/3 the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 03.04.2023.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one.

6. 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 Judicial Magistrate - Ist Class, Naugachia, District - Bhagalpur, in connection with Dholbajja (Kadwa) P.S. Case No. 95 of 2022 subject to the following conditions:- i. 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. ii. 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.46765 of 2023(3) dt.28-08-2023 3/3 iii. 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) Aditi U T