Vijay Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56821 of 2024 Arising Out of PS. Case No.-569 Year-2023 Thana- PARSABAZAR District- Patna ====================================================== Vijay Bind S/o Ram Bind @ Ram Bali Bind R/o Village- Kura Nawada Naya Banglapar, PS -Parsa Bazar, Distt - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2024 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Parmanand Prasad, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 04.11.2023, in connection with Parsa Bazar P.S. Case No. 569 of 2023, F.I.R. dated 03.11.2023 registered for the offences punishable under Section 302 of the Indian Penal Code.

3. Allegation against the petitioner is that he has committed murder his son.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that from perusal of the F.I.R. it appears that the informant is the Choukidar and he has filed the present case merely on the basis of suspicion and he is not an eye witness of the alleged

Patna High Court CR. MISC. No.56821 of 2024(3) dt.25-09-2024 2/3 occurrence and even no one has seen the occurrence. He further submits that except suspicion, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 04.11.2023.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and except suspicion, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence as well as period of custody, 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 Judicial Magistrate 1st Class, Patna in connection with Parsa Bazar P.S. Case No. 569 of 2023, subject to 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

Patna High Court CR. MISC. No.56821 of 2024(3) dt.25-09-2024 3/3 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 witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(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 antecedents, 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) Ibrar//- U