Allowed

Kishun Hembram v. the State of Bihar

Patna HC9 Nov 2022CR. MISC./19617/2022

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to Kishun Hembram in a murder case under Sections 302 and others of IPC. The court was satisfied prima facie that the petitioner was falsely implicated based on mere suspicion and has been in custody for over two years without the trial concluding in the near future.

What did the court decide?

Petitioner directed to be enlarged on bail by furnishing a bond of Rs. 25,000 with two sureties to the satisfaction of the learned J.M. 1st Class, Jamui.

Kishun Hembram Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19617 of 2022

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Arising Out of PS. Case No.-59 Year-2018 Thana- CHANDRAMANDI District- Jamui

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======================================================

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Kishun Hembram son of Badho Hembram resident of village - Singheshari, P.S. - Sono (Charkapatthar), District - Jamui.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Manoj Kumar, A.P.P. ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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5 09-11-2022

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Heard Mr. Rajesh Kumar Sinha, learned counsel

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appearing on behalf of the petitioner and learned Mr. Manoj Kumar, learned A.P.P. for the State.

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Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course.

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The petitioner seeks regular bail in connection with Chandramandi P.S. Case No. 59 of 2018, for the offence punishable under Sections 302, 201 120B, 427 and 34 of the Indian Penal Code and Sections 16, 17, 18, 19, 20, 21 and 22 of the U.A.P. Act.

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Learned counsel appearing on behalf of the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case due to dirty village politics. The dead body of a person was found lying in the jungle and on suspicion that the petitioner being one of the

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Patna High Court CR. MISC. No.19617 of 2022(5) dt.09-11-2022 2/4

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member of the naxalite group was involved in the said murder. It is further submitted by learned counsel that petitioner is a teacher and in this regard he has brought certificate duly issued by the headmaster of the school, namely, ‘Mahadalit Alpsankhya Avam Ati Pichda Warg Akshar Aanchal Yojana’ for the year 2016-17. From the said certificate, it would appear that the scheme was for the period 2016-17 and, thereafter, the same was extended. He has further produced a letter no. 29 dated 10.04.2004 issued by the in-charge instructor by the Center Incharge, Block Sikandara dated 10.04.2004 to demonstrate that the petitioner has voluntarily given his service from the period 01.02.2004 to 10.04.2004 and on these grounds he had submitted that the petitioner who is a teacher, had consciously involved himself for the upliftment of the downtrodden section of the society and the people of his village being envious of his popularity has implicated him in false case. He further submitted that there is no eye witness to the alleged murder and on mere suspicion the petitioner has been made accused in the present case and is in custody since 18.02.2020.

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Learned A.P.P. has opposed the prayer for grant of bail to the petitioner.

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Considering the rival submissions of the parties,

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Patna High Court CR. MISC. No.19617 of 2022(5) dt.09-11-2022 3/4

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material collected in course of investigation and the fact that the F.I.R. is against unknown, prima facie it appears that the petitioner has been made accused on mere suspicion and has remained in custody for more than two years and the trial is not likely to be concluded in near future, I am of the opinion that prima facie the petitioner has made out a case to be released on bail.

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The petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1^st Class, Jamui in connection with Chandramandi P.S. Case No. 59 of 2018, subject to the following conditions:-

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(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

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(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

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(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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(4) If the petitioner is found involved in similar nature

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Patna High Court CR. MISC. No.19617 of 2022(5) dt.09-11-2022 4/4

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of offence, after his release on bail, the trial Court shall take

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steps to cancel his bail bonds.

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(Purnendu Singh, J)

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Minu & Aditya/-

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U T

Kishun Hembram v. the State of Bihar

Case brief

What is this about?

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Kishun Hembram v. the State of Bihar

Case brief

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