Awadhesh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9863 of 2021 Arising Out of PS. Case No.-208 Year-2014 Thana- DHANARUA District- Patna ====================================================== Awadhesh Bind Aged about 55 years, Male, Son of Late Shiwal Bind R/O Village- Rastranagar Rarha, P.S.- Dhanarua, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

25-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Dhanarua P.S. Case No. 208 of 2014, registered for the offence under Sections 302, 201, 379 of the Indian Penal Code.

As per the prosecution case, on 09.07.2014 at 5:30 PM, the husband of the informant went outside, but he did not return and on the next day, the police informed the informant that her husband met with an accident and advised her to contact Dhanarua Police Station. When the informant proceeded to the police station, but on the way, the dead-body of her husband was found in a mud. The FIR was lodged against unknown suspecting to be a case of murder.

Patna High Court CR. MISC. No.9863 of 2021(2) dt.25-06-2021 2/3 It is submitted on behalf of petitioner that name of the petitioner has come on the basis of confessional statement of coaccused Ramji Kumar, who has already been granted bail by this Court, vide order dated 16.01.2015 passed in Cr.Misc. No. 1845 of 2015 (Annexure -2) Petitioner is in custody since 15.06.2020. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as period of custody, the bail petition of petitioner is allowed.

Let the above named petitioner 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 Judicial Magistrate 1st Class, Masaurhi District - Patna in connection with Dhanarua P.S. Case No. 208 of 2014, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.9863 of 2021(2) dt.25-06-2021 3/3 prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T