Dev Kumar Singh Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41722 of 2022

Arising Out of PS. Case No.-189 Year-2022 Thana- BEUR District- Patna

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

Jitendra Ravidas S/O Late Krishna Das Resident of Village- Khajuri, P.S.Naubatpur, District- Patna, at present r/o Beur Chauraha, Chamar Toli, Renter of Nadkishore Das, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

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

¶10

with CRIMINAL MISCELLANEOUS No. 40419 of 2022

¶11

Arising Out of PS. Case No.-189 Year-2022 Thana- BEUR District- Patna

¶12

====================================================== Dev Kumar Singh Son of Late Suresh Prasad Resident Of Mahavir Colony, Road No.- 2c, P.S.- Beur, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶17

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

¶18

with

¶19

CRIMINAL MISCELLANEOUS No. 41499 of 2022

¶20

Arising Out of PS. Case No.-189 Year-2022 Thana- BEUR District- Patna

¶21

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

¶22

Om Prakash Kumar Son of Gauri Shankar Prasad R/O Setunagar, Tejpratap Nagar, P.S.- Beur, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶27

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

¶28

with

¶29

CRIMINAL MISCELLANEOUS No. 43092 of 2022

¶30

Arising Out of PS. Case No.-189 Year-2022 Thana- BEUR District- Patna

¶31

====================================================== Munna Kumar @ Shiv Kumar Son of Hem Lal Ram R/O Vishnupuri (Chitkohra), P.S.- Gardanibagh, District - Patna.

¶32

... ... Petitioner/s

¶33

Versus The State of Bihar

¶34

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 2/24

¶35

... ... Opposite Party/s

¶36

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

¶37

with

¶38

CRIMINAL MISCELLANEOUS No. 44928 of 2022

¶39

Arising Out of PS. Case No.-189 Year-2022 Thana- BEUR District- Patna

¶40

====================================================== Jitendra Kumar Son of Dharam Raj Ram Resident of Village - Bhikhachak, P.S.- Gardanibagh, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶45

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

¶46

with CRIMINAL MISCELLANEOUS No. 47866 of 2022

¶47

Arising Out of PS. Case No.-189 Year-2022 Thana- BEUR District- Patna

¶48

====================================================== Rahul Kumar @ Manager Son of Ashok Kumar @ Ashok Sharma Resident Of Mohalla - Khemni Chak, House of Jetendra Yadav (Beiman Tola), Police Station - Ram Krishna Nagar In The District of Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶53

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

¶54

with

¶55

CRIMINAL MISCELLANEOUS No. 58024 of 2022

¶56

Arising Out of PS. Case No.-189 Year-2022 Thana- BEUR District- Patna

¶57

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

¶58

Sudhir Kumar Son of Late Baijnath Prasad R/V- Paithani Nathopur, P.S- Beur, Dist- Patna At Present Krishna Vihar Colony Near Patna Mart, P.S- Beur, Dist- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶63

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

¶64

Appearance : (In CRIMINAL MISCELLANEOUS No. 41722 of 2022) For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the State : Mr. Khurshid Anwar, APP (In CRIMINAL MISCELLANEOUS No. 40419 of 2022) For the Petitioner/s : Mr.Pramod Kumar Verma, Advocate For the State : Mr.Ashok Kumar Singh, APP

¶65

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 3/24

¶66

(In CRIMINAL MISCELLANEOUS No. 41499 of 2022) For the Petitioner/s : Mr.Anuj Dilbar Krishna, Advocate For the State : Mr.Mukesh Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 43092 of 2022) For the Petitioner/s : Mr.Rajeev Kumar, Advocate For the State : Mr.Khurshid Anwar, APP (In CRIMINAL MISCELLANEOUS No. 44928 of 2022) For the Petitioner/s : Mr. Jainendra Kumar Pushkar, Advocate For the State : Mr. Shailendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 47866 of 2022) For the Petitioner/s : Mr. Sunil Kumar, Advocate For the State : Ms. Pronoti Singh, APP (In CRIMINAL MISCELLANEOUS No. 58024 of 2022) For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate : Ms. Vaishnavi Singh, Advocate For the State : Ms. Meena Singh, APP

¶67

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

¶68

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

¶69

5 14-12-2022

¶70

Cr. Misc. No. 41722 of 2022

¶71

Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

¶72

Let the defect(s), if any, be removed within a period of four weeks from today.

¶73

The petitioner seeks bail in connection with Beur P.S. Case No. 189 of 2022 registered for the offence under Sections 363 and 365 of the Indian Penal Code and, later on, Sections 302, 364, 201, 120B and 34 of the Indian Penal Code was added subsequently.

¶74

The accused/petitioner is not named in the F.I.R. and is in custody since 12.05.2022.

¶75

The allegation against the petitioner is to kidnap the brother of the informant, alongwith other co-accused persons,

¶76

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 4/24

¶77

where the F.I.R. was lodged for the reason that the mobile phone of the brother of the informant turned switched off after making a payment of Rs.1,60,000/- (Rupees One Lakh Sixty Thousand) under direction of his brother.

¶78

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the F.I.R. and name of the petitioner surfaced in this case on the basis of confessional statement of co-accused, namely, Ramashish Kumar, in furtherance of which, nothing incriminating surfaced/recovered during the course of investigation to connect this petitioner, prima facie , with the present occurrence. It is submitted that murder of brother of the informant was committed in Motihari immediately after this occurrence, for which a separate F.I.R. was lodged there, which was registered as Pipra P.S. Case No. 134 of 2022, having no bearing over the present case, being separate offence. It is further submitted that name of the petitioner raised in present case for only reason that he was working as a partner, while dealing property alongwith brother of the informant. It is pointed out that petitioner is involved in one more criminal case, where he is on bail. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such,

¶79

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 5/24

¶80

there is no chance of tampering with the evidence.

¶81

Learned APP appearing on behalf of the State, while opposing the prayer of bail, submitted that petitioner is also appears to be involved in murder of brother of the informant after kidnapping, due to property related disputes, but fairly conceded the fact that for the said occurrence, Pipra P.S. Case No. 134 of 2022 was registered.

¶82

In view of the facts and circumstances, as mentioned above, as save and except confessional statement of co-accused, namely, Ramashish Kumar, nothing incriminating surfaced/recovered during the course of investigation, which may connect this petitioner with the present occurrence of kidnapping coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Beur P.S. Case No. 189 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Patna/concerned Court, subject to the following conditions:

¶83

“(i) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the

¶84

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 6/24

¶85

Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

¶86

(ii) That one of the bailors shall be the deponent of the present bail petition.”

¶87

Cr. Misc. No. 40419 of 2022

¶88

At the outset, learned counsel for the petitioner submitted that in paragraph no.1, at page no.2, of the bail petition, inadvertently, ‘Sections 363 and 365 of the Indian Penal Code’ has been wrongly omitted.

¶89

Accordingly, learned counsel for the petitioner is permitted to make necessary correction during the course of the day itself.

¶90

Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

¶91

Let the defect(s), if any, be removed within a period of four weeks from today.

¶92

The petitioner seeks bail in connection with Beur P.S. Case No. 189 of 2022 registered for the offence under Sections 363 and 365 of the Indian Penal Code and, later on, Sections

¶93

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 7/24

¶94

302, 364, 201, 120B and 34 of the Indian Penal Code was added subsequently.

¶95

The accused/petitioner is not named in the F.I.R. and is in custody since 12.05.2022.

¶96

The allegation against the petitioner is to kidnap the brother of the informant, alongwith other co-accused persons, where the F.I.R. was lodged for the reason that the mobile phone of the brother of the informant turned switched off after making a payment of Rs.1,60,000/- (Rupees One Lakh Sixty Thousand) under direction of his brother.

¶97

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the F.I.R. and name of the petitioner surfaced in this case on the basis of confessional statement of co-accused, namely, Ramashish Kumar, in furtherance of which, nothing incriminating surfaced/recovered during the course of investigation to connect this petitioner, prima facie , with the present occurrence. It is submitted that murder of brother of the informant was committed in Motihari immediately after this occurrence, for which a separate F.I.R. was lodged there, which was registered as Pipra P.S. Case No. 134 of 2022, having no bearing over the present case, being separate offence. It is further submitted that name of the

¶98

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 8/24

¶99

petitioner raised in present case for only reason that he was working as a partner, while dealing property alongwith brother of the informant. It is pointed out that petitioner is involved in one more criminal case, where he is on bail. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

¶100

Learned APP appearing on behalf of the State, while opposing the prayer of bail, submitted that petitioner is also appears to be involved in murder of brother of the informant after kidnapping, due to property related disputes, but fairly conceded the fact that for the said occurrence, Pipra P.S. Case No. 134 of 2022 was registered.

¶101

In view of the facts and circumstances, as mentioned above, as save and except confessional statement of co-accused, namely, Ramashish Kumar, nothing incriminating surfaced/recovered during the course of investigation, which may connect this petitioner with the present occurrence of kidnapping coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Beur P.S. Case No. 189 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten

¶102

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 9/24

¶103

Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Patna/concerned Court, subject to the following conditions:

¶104

“(i) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

¶105

(ii) That one of the bailors shall be

¶106

the deponent of the present bail petition.”

¶107

Cr. Misc. No. 41499 of 2022

¶108

Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

¶109

Let the defect(s), if any, be removed within a period of four weeks from today.

¶110

The petitioner seeks bail in connection with Beur P.S. Case No. 189 of 2022 registered for the offence under Sections 363 and 365 of the Indian Penal Code and, later on, Sections 302, 364, 201, 120B and 34 of the Indian Penal Code was added

¶111

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 10/24

¶112

subsequently.

¶113

The accused/petitioner is not named in the F.I.R. and is in custody since 12.05.2022.

¶114

The allegation against the petitioner is to kidnap the brother of the informant, alongwith other co-accused persons, where the F.I.R. was lodged for the reason that the mobile phone of the brother of the informant turned switched off after making a payment of Rs.1,60,000/- (Rupees One Lakh Sixty Thousand) under direction of his brother.

¶115

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the F.I.R. and name of the petitioner surfaced in this case on the basis of confessional statement of co-accused, namely, Ramashish Kumar, in furtherance of which, nothing incriminating surfaced/recovered during the course of investigation to connect this petitioner, prima facie , with the present occurrence. It is submitted that murder of brother of the informant was committed in Motihari immediately after this occurrence, for which a separate F.I.R. was lodged there, which was registered as Pipra P.S. Case No. 134 of 2022, having no bearing over the present case, being separate offence. It is further submitted that name of the petitioner raised in present case for only reason that he was

¶116

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 11/24

¶117

working as a partner, while dealing property alongwith brother of the informant. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

¶118

Learned APP appearing on behalf of the State, while opposing the prayer of bail, submitted that petitioner is also appears to be involved in murder of brother of the informant after kidnapping, due to property related disputes, but fairly conceded the fact that for the said occurrence, Pipra P.S. Case No. 134 of 2022 was registered.

¶119

In view of the facts and circumstances, as mentioned above, as save and except confessional statement of co-accused, namely, Ramashish Kumar, nothing incriminating surfaced/recovered during the course of investigation, which may connect this petitioner with the present occurrence of kidnapping coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Beur P.S. Case No. 189 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

¶120

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 12/24

¶121

satisfaction of learned Additional Chief Judicial Magistrate-III, Patna/concerned Court, subject to the following conditions:

¶122

“(i) That accused/petitioner shall

¶123

cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

¶124

(ii) That one of the bailors shall be

¶125

the deponent of the present bail petition.”

¶126

Cr. Misc. No. 43092 of 2022

¶127

Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

¶128

Let the defect(s), if any, be removed within a period of four weeks from today.

¶129

The petitioner seeks bail in connection with Beur P.S. Case No. 189 of 2022 registered for the offence under Sections 363 and 365 of the Indian Penal Code and, later on, Sections 302, 364, 201, 120B and 34 of the Indian Penal Code was added subsequently.

¶130

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 13/24

¶131

The accused/petitioner is not named in the F.I.R. and is in custody since 12.05.2022.

¶132

The allegation against the petitioner is to kidnap the brother of the informant, alongwith other co-accused persons, where the F.I.R. was lodged for the reason that the mobile phone of the brother of the informant turned switched off after making a payment of Rs.1,60,000/- (Rupees One Lakh Sixty Thousand) under direction of his brother.

¶133

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the F.I.R. and name of the petitioner surfaced in this case on the basis of confessional statement of co-accused, namely, Ramashish Kumar, in furtherance of which, nothing incriminating surfaced/recovered during the course of investigation to connect this petitioner, prima facie , with the present occurrence. It is submitted that murder of brother of the informant was committed in Motihari immediately after this occurrence, for which a separate F.I.R. was lodged there, which was registered as Pipra P.S. Case No. 134 of 2022, having no bearing over the present case, being separate offence. It is further submitted that name of the petitioner raised in present case for only reason that he was working as a partner, while dealing property alongwith brother

¶134

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 14/24

¶135

of the informant. It is pointed out that petitioner is involved in one more criminal case, where he is on bail. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

¶136

Learned APP appearing on behalf of the State, while opposing the prayer of bail, submitted that petitioner is also appears to be involved in murder of brother of the informant after kidnapping, due to property related disputes, but fairly conceded the fact that for the said occurrence, Pipra P.S. Case No. 134 of 2022 was registered.

¶137

In view of the facts and circumstances, as mentioned above, as save and except confessional statement of co-accused, namely, Ramashish Kumar, nothing incriminating surfaced/recovered during the course of investigation, which may connect this petitioner with the present occurrence of kidnapping coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Beur P.S. Case No. 189 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III,

¶138

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 15/24

¶139

Patna/concerned Court, subject to the following conditions:

¶140

“(i) That accused/petitioner shall

¶141

cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

¶142

(ii) That one of the bailors shall be the deponent of the present bail petition.”

¶143

Cr. Misc. No. 44928 of 2022

¶144

Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

¶145

Let the defect(s), if any, be removed within a period of four weeks from today.

¶146

The petitioner seeks bail in connection with Beur P.S. Case No. 189 of 2022 registered for the offence under Sections 363 and 365 of the Indian Penal Code and, later on, Sections 302, 364, 201, 120B and 34 of the Indian Penal Code was added subsequently.

¶147

The accused/petitioner is not named in the F.I.R. and

¶148

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 16/24

¶149

is in custody since 12.05.2022.

¶150

The allegation against the petitioner is to kidnap the brother of the informant, alongwith other co-accused persons, where the F.I.R. was lodged for the reason that the mobile phone of the brother of the informant turned switched off after making a payment of Rs.1,60,000/- (Rupees One Lakh Sixty Thousand) under direction of his brother.

¶151

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the F.I.R. and name of the petitioner surfaced in this case on the basis of confessional statement of co-accused, namely, Ramashish Kumar, in furtherance of which, nothing incriminating surfaced/recovered during the course of investigation to connect this petitioner, prima facie , with the present occurrence. It is submitted that murder of brother of the informant was committed in Motihari immediately after this occurrence, for which a separate F.I.R. was lodged there, which was registered as Pipra P.S. Case No. 134 of 2022, having no bearing over the present case, being separate offence. It is further submitted that name of the petitioner raised in present case for only reason that he was working as a partner, while dealing property alongwith brother of the informant. It is pointed out that petitioner is involved in

¶152

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 17/24

¶153

one more criminal case, where he is on bail. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

¶154

Learned APP appearing on behalf of the State, while opposing the prayer of bail, submitted that petitioner is also appears to be involved in murder of brother of the informant after kidnapping, due to property related disputes, but fairly conceded the fact that for the said occurrence, Pipra P.S. Case No. 134 of 2022 was registered.

¶155

In view of the facts and circumstances, as mentioned above, as save and except confessional statement of co-accused, namely, Ramashish Kumar, nothing incriminating surfaced/recovered during the course of investigation, which may connect this petitioner with the present occurrence of kidnapping coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Beur P.S. Case No. 189 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IIIcum-Sub Judge-III, Patna/concerned Court, subject to the

¶156

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 18/24

¶157

following conditions:

¶158

“(i) That accused/petitioner shall

¶159

cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

¶160

(ii) That one of the bailors shall be the deponent of the present bail petition.”

¶161

Cr. Misc. No. 47866 of 2022

¶162

Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

¶163

Let the defect(s), if any, be removed within a period of four weeks from today.

¶164

The petitioner seeks bail in connection with Beur P.S. Case No. 189 of 2022 registered for the offence under Sections 363 and 365 of the Indian Penal Code and, later on, Sections 302, 364, 201, 120B and 34 of the Indian Penal Code was added subsequently.

¶165

The accused/petitioner is not named in the F.I.R. and

¶166

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 19/24

¶167

is in custody since 12.05.2022.

¶168

The allegation against the petitioner is to kidnap the brother of the informant, alongwith other co-accused persons, where the F.I.R. was lodged for the reason that the mobile phone of the brother of the informant turned switched off after making a payment of Rs.1,60,000/- (Rupees One Lakh Sixty Thousand) under direction of his brother.

¶169

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the F.I.R. and name of the petitioner surfaced in this case on the basis of confessional statement of co-accused, namely, Ramashish Kumar, in furtherance of which, nothing incriminating surfaced/recovered during the course of investigation to connect this petitioner, prima facie , with the present occurrence. It is submitted that murder of brother of the informant was committed in Motihari immediately after this occurrence, for which a separate F.I.R. was lodged there, which was registered as Pipra P.S. Case No. 134 of 2022, having no bearing over the present case, being separate offence. It is further submitted that name of the petitioner raised in present case for only reason that he was working as a partner, while dealing property alongwith brother of the informant. It is pointed out that petitioner is involved in

¶170

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 20/24

¶171

one more criminal case, where he is on bail. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

¶172

Learned APP appearing on behalf of the State, while opposing the prayer of bail, submitted that petitioner is also appears to be involved in murder of brother of the informant after kidnapping, due to property related disputes, but fairly conceded the fact that for the said occurrence, Pipra P.S. Case No. 134 of 2022 was registered.

¶173

In view of the facts and circumstances, as mentioned above, as save and except confessional statement of co-accused, namely, Ramashish Kumar, nothing incriminating surfaced/recovered during the course of investigation, which may connect this petitioner with the present occurrence of kidnapping coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Beur P.S. Case No. 189 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IIIcum-Sub Judge-III, Patna/concerned Court, subject to the

¶174

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 21/24

¶175

following conditions:

¶176

“(i) That accused/petitioner shall

¶177

cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

¶178

(ii) That one of the bailors shall be the deponent of the present bail petition.”

¶179

Cr. Misc. No. 58024 of 2022

¶180

Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

¶181

Let the defect(s), if any, be removed within a period of four weeks from today.

¶182

The petitioner seeks bail in connection with Beur P.S. Case No. 189 of 2022 registered for the offence under Sections 363 and 365 of the Indian Penal Code and, later on, Sections 302, 364, 201, 120B and 34 of the Indian Penal Code was added subsequently.

¶183

The accused/petitioner is not named in the F.I.R. and

¶184

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 22/24

¶185

is in custody since 12.05.2022.

¶186

The allegation against the petitioner is to kidnap the brother of the informant, alongwith other co-accused persons, where the F.I.R. was lodged for the reason that the mobile phone of the brother of the informant turned switched off after making a payment of Rs.1,60,000/- (Rupees One Lakh Sixty Thousand) under direction of his brother.

¶187

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the F.I.R. and name of the petitioner surfaced in this case on the basis of confessional statement of co-accused, namely, Ramashish Kumar, in furtherance of which, nothing incriminating surfaced/recovered during the course of investigation to connect this petitioner, prima facie , with the present occurrence. It is submitted that murder of brother of the informant was committed in Motihari immediately after this occurrence, for which a separate F.I.R. was lodged there, which was registered as Pipra P.S. Case No. 134 of 2022, having no bearing over the present case, being separate offence. It is further submitted that name of the petitioner raised in present case for only reason that he was working as a partner, while dealing property alongwith brother of the informant. While concluding the argument, it is submitted

¶188

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 23/24

¶189

that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

¶190

Learned APP appearing on behalf of the State, while opposing the prayer of bail, submitted that petitioner is also appears to be involved in murder of brother of the informant after kidnapping, due to property related disputes, but fairly conceded the fact that for the said occurrence, Pipra P.S. Case No. 134 of 2022 was registered.

¶191

In view of the facts and circumstances, as mentioned above, as save and except confessional statement of co-accused, namely, Ramashish Kumar, nothing incriminating surfaced/recovered during the course of investigation, which may connect this petitioner with the present occurrence of kidnapping coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Beur P.S. Case No. 189 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Patna/concerned Court, subject to the following conditions:

¶192

Patna High Court CR. MISC. No.41722 of 2022(5) dt.14-12-2022 24/24

¶193

“(i) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

¶194

(ii) That one of the bailors shall be the deponent of the present bail petition.”

¶195

(Chandra Shekhar Jha, J)

¶196

Ankit/-

¶197

U T

Dev Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dev Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Arun Kumar Mishra @ Pappu Mishra Vs The State of Bihar

Rajiv Yadav @ Rajiya Vs The State of Bihar

Jaypal Kumar @ Jaypal Yadav Vs The State of Bihar

Pankaj Kumar @ Pankaj Kmar Vs The State of Bihar

Sandeep Kumar @ Hanumanma Vs The State of Bihar

Dhaneswar Kora Vs The State of Bihar