Hemant Kumar Singh @ Hamant Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80539 of 2023 Arising Out of PS. Case No.-454 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== HEMANT KUMAR SINGH @ HAMANT KUMAR SINGH SON OF DEVDUTT SINGH R/O VILLAGE- LODHWAY, P.S.- FATEHPUR, DIST.- GAYA ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pranav Kumar Jha For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Fatehpur P.S. Case No. 454 of 2022, Sessions Trial No. 280 of 2023/1016 of 2023 registered for the offences punishable under Sections 341, 323, 354(b), 302, 306, 201 and 34 of the IPC.
3. As per prosecution case, one girl is said to have been killed by co-accused Pintu Kumar, Sunita Devi and 5-10 unknown persons and dead body has been burnt in order to disappear the evidence.
4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been transpired in the present case upon the statement of independent
Patna High Court CR. MISC. No.80539 of 2023(3) dt.30-01-2024 2/3 witnesses Ganesh Singh, Vir Singh and Sury Narayan Singh. Petitioner is not in any way connected with the alleged occurrence. He further submits that petitioner is in custody since 25.06.2023. Learned counsel has filed supplementary affidavit in which it has been submitted that petitioner bears criminal antecedent of two cases in which he is on bail. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that from the perusal of the FIR itself, the specific allegation is against co-accused Pintu Kumar and Sunita Devi. He further submits that co-accused Rakesh Singh has already been granted bail vide Cr. Misc. No. 82001 of 2023 by this Court and the case of present petitioner stands on similar footing.
5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, co-accused has already been granted bail, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.80539 of 2023(3) dt.30-01-2024 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-XI, Gaya in connection with Fatehpur P.S. Case No. 454 of 2022, Sessions Trial No. 280 of 2023/1016 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
(Alok Kumar Pandey, J) vashudha/- U T