Digvijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63102 of 2021 Arising Out of PS. Case No.-205 Year-2020 Thana- PIPRAHI District- Sheohar ====================================================== DIGVIJAY KUMAR S/o- GIRISHNANDAN KUMAR Resident of VillageLalua Piprahi, P.S.- Piprahi, District- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mrs.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Piprahi P.S. Case No. 205 of 2020, for the offence punishable under Sections 323, 341, 302, 504 and 506/34 of the Indian Penal Code.

The prosecution case, in brief, is that on 15.09.2020, while informant, who is the wife of the victim, was conducting work relating to bricks and cement, in the meantime, accused persons named in the F.I.R. including the petitioner, pushed the husband of informant from chair, who fell down then all the accused persons started assaulting him with fist and slaps, thereafter, the victim became unconscious and, thereafter, he

Patna High Court CR. MISC. No.63102 of 2021(3) dt.09-05-2022 2/3 was immediately taken to Sadar Hospital, Seohar, where he was declared brought dead.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case due to dirty village politics. He further submits that similarly situated co-accused Neeraj Kumar has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 17.01.2022 passed in Criminal Miscellaneous No. 21066 of 2021. The petitioner is in custody since 10.09.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case without going into the merits of the case taking into consideration the period of custody undergone by the petitioner, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in connection with Piprahi P.S. Case No. 205 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient

Patna High Court CR. MISC. No.63102 of 2021(3) dt.09-05-2022 3/3 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.

(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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T