Anurag Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86240 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Anurag Kumar Son of Vinay Yadav Resident of Village- Mehadasahpur, P.S.- Chriabariyarpur, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Cheriyabariyarpur P.S. Case No. 51 of 2019 corresponding to Sessions Trial No. 448 of 2019 (CIS No. 614/2019), registered for the offences punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.

The informant alleged that Dashrath Malakar along with his associates committed murder of her husband and thrown his dead-body in maize field.

It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case merely on suspicion.

Patna High Court CR. MISC. No.86240 of 2019(4) dt.18-03-2020 2/3 Petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case. There is no eye-witness of this occurrence. Save and except suspicion, there is nothing against this petitioner. Similarly situated co-accused have been granted bail by a coordinate Bench of this court vide order dated 17.12.2019 passed in Cr. Misc. 65604 of 2019. Petitioner is in custody since 05.08.2019. Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I, Begusarai in connection with Cheriyabariyarpur P.S. Case No. 51 of 2019 corresponding to Sessions Trial No.

448 of 2019, subject to the conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.86240 of 2019(4) dt.18-03-2020 3/3 to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T