Rudra Pratap Arya @ Rudra Pratad Arya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.696 of 2020 Arising Out of PS. Case No.-195 Year-2019 Thana- UJIYARPUR District- Samastipur ====================================================== RUDRA PRATAP ARYA @ RUDRA PRATAD ARYA, Son of Late Mahabir Arya, Resident of Village - Belamegh, P.S.- Ujiyarpur, Distt - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar, APP For the informant :

Mr. Jitendra Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302/120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant who is wife of the victim has alleged in his written complaint that on 01.09.2019 while her husband Sant Kumar Singh was returning home at about 10:00 p.m., FIR named accused including petitioner shot him dead and at the time of occurrence, Sharawan Kumar, Jagdish Singh and others were also passing through same way who recognized the assailants and disclosed same to the informant. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case due to

Patna High Court CR. MISC. No.696 of 2020(2) dt.20-01-2020 2/3 previous land dispute. Petitioner has no criminal antecedent and he is in custody since 04.11.2019.

Learned counsel for the informant has vehemently opposed the prayer for bail of the petitioner stating there that due to previous enmity and land dispute, petitioner has brutally killed the husband of informant as such he is not entitled for regular bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with S. Tr. No.628/2019 arising out of Ujiyarpur P.S. Case No. 195/2019 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.696 of 2020(2) dt.20-01-2020 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T