Krishna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73443 of 2022 Arising Out of PS. Case No.-413 Year-2022 Thana- DHAKA District- East Champaran ====================================================== Krishna Ram Son of Ram Deni Ram R/v- Narayanpur, P.S.- Patahi, DistrictEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, APP For the Informant : Mr. Dhananjay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant as well as 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 13.07.2022 in connection with Dhaka(Pachpakari) P.S. Case No. 413 of 2022, F.I.R. dated 12.07.2022 for the offences punishable under Sections 302, 201 and 120B of the Indian Penal Code. According to prosecution case, the petitioner along with other accused persons have committed murder of the grandson of the informant for demanding daily wages and also

Patna High Court CR. MISC. No.73443 of 2022(3) dt.04-05-2023 2/3 threatens him.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis of suspicion. He further submits that the informant is not the eye witness of the alleged occurrence. He further submits that except suspicion no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Bhadai Paswan has been granted bail by a Co-ordinate Bench of this Court vide order dated 22.02.2023 passed in Cr. Misc. No. 66339 of 2022. The petitioner is in custody since 13.07.2022.

The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.73443 of 2022(3) dt.04-05-2023 3/3 Champaran in connection with Dhaka(Pachpakari) P.S. Case No. 413 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.

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