Petitioner sought bail in a criminal case alleging guilt by implication of a co-accused. The Court ordered release on bail with conditions including cooperation in trial and verification of criminal antecedents.
Petitioner released on bail of Rs. 10,000 with two sureties of equal amount subject to standard bail conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1810 of 2022
Arising Out of PS. Case No.-28 Year-2021 Thana- KHAJAULI District- Madhubani
======================================================
Ravindra Kumar Singh S/o Yadunandan Singh @ Yadnadan Singh R/o village- Kasma Marar, P.S.- Khajauli, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Prakash, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 18-07-2022
Let the defects, as pointed out by the office, be
removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 324, 307, 34 of the Indian Penal Code, Section 27 of the Arms Act.
As per allegation in the F.I.R., it has been alleged that on 21.02.2021 at about 06:30 pm the informant was going home Maharajganj by motorcycle after closing his jewellery shop and when he reached near the bridge, three unknown miscreants on motorcycle fired upon him. As a result, he fell down and the miscreants were fled away. One unknown lady namely Munni Devi reached there and informed the police. Police admitted him
Patna High Court CR. MISC. No.1810 of 2022(3) dt.18-07-2022 2/3
at Sadar Hospital, Madhubani and informed the family members.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and in fact the petitioner is not named in the F.I.R. and his name has transpired only on the basis of confessional statement of coaccused Suman Kumar Yadav. He further submits that except the confessional statement of co-accused nothing has come during investigation against the petitioner and the petitioner has been remanded in the present from Khajauli P.S. Case No. 31 of 2021 on 27.03.2021. He further submits that co-accused person namely Suman Kumar Yadav has been granted bail by this Court vide order dated 05.04.2022 in Cr. Misc. No. 53037 of 2021 and another co-accused namely Shatrughan Kumar Yadav @ Baba has been granted bail by this Court vide order dated 26.04.2022 in Cr. Misc. No. 67838 of 2021.
Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one.
Considering the facts and circumstances of the case, let the petitioner, above named, 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 learned Court below where the case is pending in connection with
Patna High Court CR. MISC. No.1810 of 2022(3) dt.18-07-2022 3/3
Sessions Trial No. 247 of 2021 arising out of Khajauli P.S. Case No. 28 of 2021, with the following conditions :-
(1) 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) 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 or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U
1 issue framed by the court
Whether the petitioner is eligible to be released on bail in a case involving offences punishable under Sections 304, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.
Ravindra Kumar Singh
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
