Dhiraj Lal @ Lala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6999 of 2021 Arising Out of PS. Case No.-10 Year-2020 Thana- HARNAUT District- Nalanda ====================================================== DHIRAJ LAL @ LALA S/O LATE CHANDRU SINGH @ SHIV CHANDRA PD. SHARMA R/O VILLAGE-DAILI, P.S.-HARNAUT, DISTRICT - NALANDA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s :

Mr.Vaishnavi Singh,Adv For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-04-2021 The defect (s) as pointed out by the Office be removed by the learned counsel for the petitioner within two months after High Court resumes its normal functioning. Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Two unknown persons came on a motorcycle and fired at the son of the informant and fled away. When the informant reached at the place where his son was lying, he was informed that unknown shooters were called and under a

Patna High Court CR. MISC. No.6999 of 2021(2) dt.17-04-2021 2/3 conspiracy murder has been committed.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to animosity. Informant has named petitioner in his second statement before police which creates doubt. There is no specific allegation of any overt act against the petitioner. Similarly, situated co-accused persons have been granted bail by a co-ordinate bench of this Court vide order dated 09.11.2020 passed in Criminal Miscellaneous No. 29445 of 2020. Chargesheet has already been submitted in this case. Petitioner is in custody since, 06.05.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Harnaut P.S. Case No. 10 of 2020, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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

Patna High Court CR. MISC. No.6999 of 2021(2) dt.17-04-2021 3/3 directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U