Kameshwar Singh @ K.K. Bihari Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Kameshwar Singh @ K.K. Bihari Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Condition no.(iii) of the bail order dated 11.07.2024 in Cr.Misc.No.23110 of 2024 modified: petitioner's bail bond to be accepted either after examination of four prosecution witnesses or after four months from 17-09-2024, whichever is earlier; remaining conditions unaltered; enquiry and explanation directions issued regarding the missing post mortem report; matter listed for 20.11.2024.

Issue for consideration

Whether condition no.(iii) imposed upon the petitioner by order dated 11.07.2024 passed in Cr.Misc.No.23110 of 2024 (release on bail after examination of four witnesses) should be modified. +1 more

Court's answer

Condition no.(iii) of the order dated 11.07.2024 in Cr.Misc.No.23110 of 2024 is modified to the extent that the petitioner's bail bond shall be accepted either after examination of four prosecution witnesses or after four months from 17-09-2024, whichever is earlier; the rest of the conditions remain unaltered.

Ratio / Principle

The learned District Judge, Bhojpur at Ara is directed to conduct an enquiry into the non-availability of the post mortem report in the case diary, and the Superintendent of Police, Bhojpur at Ara shall co-operate in the inquiry.

Key takeaways

The District Magistrate, Bhojpur at Ara shall call for an explanation from the conducting A.P.P./P.P. for failing to detect, before calling the doctor to the witness box, that the post mortem report was not available.ratio¶23
The reports of the learned District Judge and the District Magistrate, Bhojpur at Ara must reach the Court within six weeks.ratio¶24

Detailed headnote1 paragraphs

Bail-condition modification - Patna High Court (Nawneet Kumar Pandey, J.), oral order dated 17-09-2024 in Cr.Misc.No.66997 of 2024, arising in Cr.Misc.No.23110 of 2024 (PS Case No.117 of 1996, Thana Sahar, District Bhojpur). Petitioner Kameshwar Singh @ K.K. Bihari sought modification of condition no.(iii) of the bail order dated 11.07.2024, which required his release on bail after examination of four witnesses; three of eight charge-sheeted witnesses had been examined, and the doctor's deposition could not be recorded as the post mortem report was not available with the record. The Court modified condition no.(iii) to provide that the bail bond be accepted either after examination of four prosecution witnesses or after four months from 17-09-2024, whichever is earlier, leaving the rest of the conditions unaltered, and disposed of the application. It further directed the District Judge, Bhojpur at Ara to enquire into the non-availability of the post mortem report in the case diary (with the Superintendent of Police to co-operate), the District Magistrate to call for an explanation from the conducting A.P.P./P.P., and the reports to reach the Court within six weeks; matter listed for 20.11.2024.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66997 of 2024

In

CRIMINAL MISCELLANEOUS No.23110 of 2024

Arising Out of PS. Case No.-117 Year-1996 Thana- SAHAR District- Bhojpur

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

Kameshwar Singh @ K.K. Bihari S/O Late Sidhari Singh R/O Village and P.S- Narayanpur, Distt.- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Md Ataul Haque For the Opposite Party/s : Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 17-09-2024

Heard the learned counsel for the petitioner and the

State.

This application has been filed for modification of condition no.(iii) imposed upon the petitioner by order dated 11.07.2024 passed in Cr.Misc.No.23110 of 2024.

The learned counsel for the petitioner has submitted that it was observed in condition no.(iii) of the said order that the petitioner shall be released on bail after examination of four witnesses. It is stated that out of eight charge-sheeted witnesses, three have been examined. The doctor turned up for his deposition in the witness box, but his deposition could not be

Patna High Court CR. MISC. No.66997 of 2024(2) dt.17-09-2024 2/3

recorded since the post mortem report was not available with the record.

The condition no.(iii) of the order dated 11.07.2024 in Cr.Misc.No.23110 of 2024 is modified to the extent that the bail bond of the petitioner shall be accepted either after examination of four prosecution witnesses or after four months from today, whichever is earlier. Rest of the conditions shall be unaltered.

With the observation aforesaid, the application stands disposed of.

The learned District Judge, Bhojpur at Ara is directed to conduct an enquiry in respect of non-availability of the post mortem report in the case diary. The Superintendent of Police, Bhojpur at Ara shall co-operate in the inquiry.

The District Magistrate, Bhojpur at Ara shall call for an explanation from the conducting A.P.P./P.P. as to why the concerned A.P.P./P.P. could not detect, before calling the doctor in the witness box, that the post mortem report was not available.

The report of the learned District Judge and the District Magistrate, Bhojpur at Ara must reach this Court within six weeks.

Patna High Court CR. MISC. No.66997 of 2024(2) dt.17-09-2024 3/3

Let a copy of this order be sent to the concerned

officials.

List the matter on 20.11.2024.

(Nawneet Kumar Pandey, J)

HR/-

U T