Birbal Mahra @ Birbal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67335 of 2024 Arising Out of PS. Case No.-104 Year-2020 Thana- BHAWANIPUR District- Purnia ====================================================== Birbal Mahra @ Birbal Kumar Son of Late Ramdeo Mehra Resident of Village- Makdampur Kahar Toli, P.S. - Purauni, District- Madhepur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2024 Heard Mr. Alok Kumar Singh, learned counsel for the petitioner and Mr. Lakshmi Kant Sharma, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 22.03.2021, in connection with S.T. No. 207 of 2021 arising out of Bhawanipur P.S. Case No. 104 of 2020, FIR dated 02.06.2020 registered for the offence under Sections 302 and 120(B) of the Indian Penal Code read with Section 27 of the Arms Act.

3. As per the prosecution case, father of the informant has been murdered by the unknown persons.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R. the name of the petitioner has been

Patna High Court CR. MISC. No.67335 of 2024(2) dt.25-09-2024 2/3 transpired during the investigation on the basis of the confessional statement of the co-accused person, namely, Bambam Mehra and the said Bambam Mehra has already been granted bail a co-ordinate Bench of this Court vide order dated 02.08.2021 passed in Cr. Misc. No. 17088 of 2021. He further submits that except the confessional statement of the co-accused person no other cogent material has come during the investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 22.03.2021.

5. Learned A.P.P. for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts, petitioner is not named in the FIR, the name of the petitioner has been transpired during the investigation on the basis of the confessional statement of the co-accused person who has already been granted bail by a co-ordinate Bench of this Court as well as period of custody, 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

Patna High Court CR. MISC. No.67335 of 2024(2) dt.25-09-2024 3/3 learned 3rd Additional Session Judge, Purnea in connection with S.T. No. 207 of 2021 arising out of Bhawanipur P.S. Case No. 104 of 2020 with the following conditions:- (i) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(ii) 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) ajay/- U T