Md. Reyan @ Md. Rehan @ Vikram @ Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.605 of 2022 Arising Out of PS. Case No.-183 Year-2021 Thana- PATNA CITY CHOWK District- Patna ====================================================== MD. REYAN @ MD. REHAN @ VIKRAM @ VIKRAM KUMAR S/o Md. Chhotan Miyan Resident of Village- Mathani Tal Kasaiwara, P.S.- Malsalami, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajay Kumar No. 2, APP For the Informant : Mr. Pramod Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the IPC and Section 27 of Arms Act.

As per the prosecution case, it is stated by the informant that he received information that while his son was on way along with grocery from the shop towards his home, he was shot dead by FIR named accused persons and 2-3 unknown accused persons.

Patna High Court CR. MISC. No.605 of 2022(4) dt.16-08-2022 2/3 Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the confessional statement of the co-accused and selfconfessional statement of the petitioner. Further submits that it appears from the FIR that there is no specific overt-act is alleged against the petitioner and till date no TIP has been conducted by the prosecution and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 01.07.2021.

Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of the charges on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chowk P.S. Case No.183 of 2021, with 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

Patna High Court CR. MISC. No.605 of 2022(4) dt.16-08-2022 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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

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 antecedent, 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) Nitesh/- U T