Aakash Kumar Uron @ Akash Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.343 of 2023 Arising Out of PS. Case No.-308 Year-2020 Thana- FALKA District- Katihar ====================================================== Aakash Kumar Uron @ Akash Uraon Son of Hardev Uranv Resident of Village- Dumar, P.S.- Falka, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Rahmatullah, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 24.05.2022, in connection with Sessions Trial No. 402 of 2022 arising out of Falka P.S. Case No. 308 of 2020, F.I.R. dated 09.09.2020 registered for the offences punishable under Sections 302, 201, 120B of the Indian Penal Code. As per allegation in the F.I.R., the dead body of the father of the informant was found in a bamboo orchard and his father was killed by unknown.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis

Patna High Court CR. MISC. No.343 of 2023(3) dt.08-05-2023 2/3 of the confessional statement of co-accused person namely Laxman Sahni and except the suspicion and the confessional statement of co-accused person, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that coaccused person namely Raj Kishore Uraon @ Raj Kishor Uranw and Laxman Sahni @ Laxman Kumar Sahni @ Laxman Kumar Sahni have been granted bail by a Coordinate Bench of this Court vide order dated 31.03.2022 passed in Cr. Misc. No. 52461 of 2021 and its analogous case and another co-accused person namely Kamrul Hoda has been granted bail by a Coordinate Bench of this Court vide order dated 17.10.2022 passed in Cr. Misc. No. 72267 of 2021 respectively. He further submtis that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 24.05.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.343 of 2023(3) dt.08-05-2023 3/3 Additional Sessions Judge-II, Katihar in connection with Sessions Trial No. 402 of 2022 arising out of Falka P.S. Case No. 308 of 2020, 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 witness, 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 antecedents, 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) Ibrar//- U T