Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70985 of 2022 Arising Out of PS. Case No.-37 Year-2022 Thana- SALAIYA District- Aurangabad ====================================================== Suraj Kumar S/o Bihari Prasad R/v- Khiriyawan. P.S.- Madanpur, DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 16.08.2022 in connection with Salaiya P.S. Case No. 37 of 2022, F.I.R. dated 25.05.2022 for the offences punishable under Sections 272, 273, 304 and 120B of the Indian Penal Code. According to prosecution case, the informant's son died due to consumption of poisonous liquor.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that the petitioner has not committed any wrong

Patna High Court CR. MISC. No.70985 of 2022(6) dt.27-04-2023 2/3 as alleged in the F.I.R. and the allegation as alleged in the F.I.R. is false and fabricated. He further submits that the allegations as alleged in the F.I.R. were not supported by the medical evidence as well as F.S.L. report. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 16.08.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries two criminal antecedents other than the present one.

Considering the aforesaid facts and circumstances, 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 the learned Chief Judicial Magistrate, Aurangabad in connection with Salaiya P.S. Case No. 37 of 2022, subject to 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 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.70985 of 2022(6) dt.27-04-2023 3/3

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.

3. 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) Vanisha/- U T