Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89486 of 2024 Arising out of PS. Case No.-202 Year-2024 Thana- KARAHGAR District- Rohtas ====================================================== Vivek Kumar S/o- Late Sanjay Ram Resident of Khakhada P.s-Karhgar, DistRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

2. The petitioner seeks bail in connection with Karhgar P.S. Case No. 202 of 2024 instituted for the offences under Sections 103(1) and 238 of BNS, 2023. He has no criminal antecedent.

3. As per the prosecution case, the informant has alleged that her husband scolded his two sons due to dispute in the family and subsequently one of the son fled on the roof of the house and his father followed him there but on account of scuffle he slipped on the stairs and fell down on the earth, due to which her husband succumbed to the injuries.

4. Learned counsel for the petitioner submits that from the perusal of the FIR it is evident that there is no allega-

Patna High Court CR. MISC. No.89486 of 2024(4) dt.29-05-2025 2/3 tion of deliberate assault by the petitioner upon his father causing his death. It is further submitted by learned counsel for the petitioner that there is nothing on record to suggest that the said incident had occurred and there was any intention on the side of the petitioner to cause the death of his father. It is lastly submitted that the petitioner has no criminal antecedent and he is in custody since 23.07. 2024.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid submission of learned counsel and taking into account the averments made in the FIR and also the fact that the petitioner has clean antecedent and he is in custody since 23.07.2024, the petitioner above named, is directed to 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 the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Karhgar P.S. Case No. 202 of 2024, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the

Patna High Court CR. MISC. No.89486 of 2024(4) dt.29-05-2025 3/3 Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) 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 the same or in the name of verification.

(Sourendra Pandey, J) Vikash/- U T