Patna High CourtCR. MISC./66997/2024disposed

Kameshwar Singh @ K.K. Bihari v. The State Of Bihar

2024-09-17Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66997 of 2024 In CRIMINAL MISCELLANEOUS No.23110 of 2024 Arising Out of PS. Case No.-117 Year-1996 Thana- SAHAR District- Bhojpur ====================================================== Kameshwar Singh @ K.K. Bihari S/O Late Sidhari Singh R/O Village and P.S- Narayanpur, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Ataul Haque For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-09-2024 Heard the learned counsel for the petitioner and the State.

2. This application has been filed for modification of condition no.(iii) imposed upon the petitioner by order dated 11.07.2024 passed in Cr.Misc.No.23110 of 2024.

3. The learned counsel for the petitioner has submitted that it was observed in condition no.(iii) of the said order that the petitioner shall be released on bail after examination of four witnesses. It is stated that out of eight charge-sheeted witnesses, three have been examined. The doctor turned up for his deposition in the witness box, but his deposition could not be

Patna High Court CR. MISC. No.66997 of 2024(2) dt.17-09-2024 2/3 recorded since the post mortem report was not available with the record.

4. The condition no.(iii) of the order dated 11.07.2024 in Cr.Misc.No.23110 of 2024 is modified to the extent that the bail bond of the petitioner shall be accepted either after examination of four prosecution witnesses or after four months from today, whichever is earlier. Rest of the conditions shall be unaltered.

5. With the observation aforesaid, the application stands disposed of.

6. The learned District Judge, Bhojpur at Ara is directed to conduct an enquiry in respect of non-availability of the post mortem report in the case diary. The Superintendent of Police, Bhojpur at Ara shall co-operate in the inquiry.

7. The District Magistrate, Bhojpur at Ara shall call for an explanation from the conducting A.P.P./P.P. as to why the concerned A.P.P./P.P. could not detect, before calling the doctor in the witness box, that the post mortem report was not available.

8. The report of the learned District Judge and the District Magistrate, Bhojpur at Ara must reach this Court within six weeks.

Patna High Court CR. MISC. No.66997 of 2024(2) dt.17-09-2024 3/3

9. Let a copy of this order be sent to the concerned officials.

10. List the matter on 20.11.2024.

(Nawneet Kumar Pandey, J) HR/- U T