Kare @ Karu Bind @ Kare Bind @ Karua Bind @ Karu Kumar @ Karua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3485 of 2025 Arising Out of PS. Case No.-180 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== Kare @ Karu Bind @ Kare Bind @ Karua Bind @ Karu Kumar @ Karua S/O Ramashish Bind @ Ramashish Mahto @ Baldeo Bind Village- Simariya Bind Toli, Ward no.- 12, P.S.- Barauni, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Sessions Trial No. 183/2024 arising out of Barauni P.S. Case No. 180/2021 registered for the offences under Sections 397, 302 and 34 of the I.P.C.

3. The prosecution case in nutshell is that while the informant was going to Simariya ghat, two persons approached and one of them had fired by way of a weapon over the abdomen of the son of the informant and thereafter, the two miscreants fled away. Later, the police had taken the son of the informant to Sadar Hospital, Begusarai where he

2/4 was declared dead.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and subsequently, during the course of investigation the co-accused namely Chandan Kumar and Bijay Mahto were apprehended and in their confessional statement the name of the petitioner has surfaced, however, no specific allegation of overt act was alleged in their confessional statement against the petitioner. It is lastly submitted that though the petitioner has seven criminal antecedents, he is languishing in custody since 17.02.2023.

5. Learned counsel for the State has opposed the prayer for bail of the petitioner and submits that the petitioner has seven criminal antecedents and therefore, he does not deserve the privilege of regular bail. 6.

Considering the aforesaid facts and circumstances of the case and taking into account that the name of the petitioner has surfaced in the confessional statement of co-accused and there is no specific overt act against him and further taking into consideration the period of judicial custody, let the petitioner above-named be

3/4 enlarged 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 Additional Sessions Judge-I, Begusarai in connection with Sessions Trial No. 183/2024 arising out of Barauni P.S. Case No. 180/2021 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c. 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 the cancelled by the court concerned.

d. 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

4/4 afore-mentioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) tusharika/- U T