This order granted bail to the petitioner in a murder case pending trial. The court considered the petitioner's clean antecedents, the innocent stance of co-accused, and the delay in trial progress while the petitioner was in custody.
Release on bail on furnishing a bond of Rs. 10,000/- with two sureties each to A.C.J.M.-II, Udakishungaj, Madhepura.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49777 of 2023
Arising Out of PS. Case No.-226 Year-2019 Thana- GWALPARA DistrictMadhepura
======================================================
PRANAV KUMAR SON OF ASHOK KUMAR RESIDENT OF VILLAGEMAHARAJGANJ, PS- GWALPARA (ARAR OP.), DIST- MADHEPURA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agarwal, Sr. Adv. Mr. Kanchan Jha, Mr. Madhav Jha For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
5 15-12-2023
Heard Mr. N.K. Agarwal, learned senior counsel for
the petitioner and Mr. Awadhesh Kumar Singh, learned A.P.P. for the State.
The petitioner seeks bail in connection with Gwalpara P.S. Case No. 226 of 2019 registered for the offence under Sections 302, 120(B), 379, 34 of the Indian Penal Code.
The petitioner is alleged to have opened fire upon the nephew of the informant due to which he died.
Learned senior counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in
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this case. He further submits that the allegation, as alleged in the F.I.R., is false and fabricated and the petitioner has not committed any offence. He further submits that the allegation as alleged in the F.I.R. is not supported by the medical evidence (postmortem report). He further submits that the co-accused, Sintu Kumar and Ratan Yadav @ Ratan Kumar Yadav having more of less similar allegation have already been granted bail by this Court vide order dated 06.01.2022 passed in Cr. Misc. No. 36858 of 2021 and coaccused, Dhruv Kmar Mandal @ Dhrun Mandal @ Uday Kumar and Alok Kumar have also been granted bail by a coordinate Bench of this Court vide order dated 17.03.2021 and 02.02.2022 passed in Cr. Misc. No. 40897 of 2020 and Cr. Misc. No. 56324 of 2021 and the case of this petition stands on better footing to that of the co-accused. The petitioner is rotting in judicial custody since 20.02.2023.
Learned A.P.P. for the State opposed the prayer for bail of the petitioner and submits that the there is direct allegation of firing against the petitioner causing death of the nephew of the informant.
A report with regard to present stage of the trial has been called for by this Court vide order dated
Patna High Court CR. MISC. No.49777 of 2023(5) dt.15-12-2023 3/4
03.11.2023 which has been received and forms part of this application at Flag-A. On perusal thereof, it would reveal that the charges were framed against tall the accused persons on 17.06.2023 and out of ten charge-sheet witnesses, three have been examined.
Learned counsel appearing for the petitioner referring to the aforesaid report submits that the trial of this case is not likely to be concluded in near future and the coaccused persons have been granted bail by this Court whereas the petitioner is languishing in judicial custody since 20.02.2023.
Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Udakishungaj, Madhepura in connection with Gwalpara P.S. Case No. 226 of 2019 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/her absence on two consecutive dates
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without sufficient reason, his/her bail bond shall be canceled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
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)
brajesh/-
U
2 issues framed by the court
Whether the petitioner can be granted bail in connection with a murder charge pending trial.
Whether the petitioner securing bail is reasonable considering the co-accused have already been granted bail.
PRANAV KUMAR SON OF ASHOK KUMAR
The State of Bihar
RAJESH KUMAR VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
