Kali Charan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68881 of 2022 Arising Out of PS. Case No.-228 Year-2022 Thana- MANJHAGARH District- Gopalganj ====================================================== Kali Charan Yadav Son Of Raj Bali Yadav R/O Village- Koeni, P.S.- Manjhagarh, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer,Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 25.07.2022 in connection with Manjhagarh P.S.Case No.228 of 2022, F.I.R. dated 24.07.2022 registered for the offence punishable under Sections Sections 302/201/34 of IPC.

3. The prosecution case, in brief, is that on the alleged date of occurrence petitioner alongwith two other co-accused persons reached at the house of informant and went somewhere to the husband of informant, thereafter, till the night when her husband not returned she searched her husband but not traced out.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has

Patna High Court CR. MISC. No.68881 of 2022(4) dt.17-07-2023 2/3 falsely been implicated in the present case. Further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and the present FIR has been instituted on the basis of suspicion. Further submits that during investigation the statement of the petitioner was recorded in which he has confessed that he was committed the crime in question alongwith other co-accused persons and except the confessional statement of the co-accused persons, no other material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 25.07.2022.

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

6. Considering the aforesaid facts, let the petitioner, above named, 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 learned C.J.M., Gopalganj in connection with Manjhagarh P.S.Case No.228 of 2022,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.68881 of 2022(4) dt.17-07-2023 3/3 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 cancelled 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.

(III) 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