Patna High Court
Sameer Kumar vs The State Of Bihar on 12 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9049 of 2021
Arising Out of PS. Case No.-147 Year-2019 Thana- CHAORI District- Bhojpur
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Sameer Kumar, aged about 23 years, (Male), Son of Rakesh Kumar, Resident
of Village - Painal, P.S.- Bihta, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar, Advocate
For the State : Mr. Bisheshwar Ram, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 12-08-2021
The matter has been heard via video conferencing.
2. The case has been taken up out of turn on the basis of
motion slip filed by learned counsel for the petitioner on
06.08.2021, which was allowed.
3. Heard Mr. Dhananjay Kumar, learned counsel for the
petitioner and Mr. Bisheshwar Ram, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
4. The petitioner apprehends arrest in connection with
Chauri PS Case No. 147 of 2019 dated 29.10.2019, instituted
under Sections 302/120-B of the Indian Penal Code and 27 of the
Arms Act, 1959.
Patna High Court CR. MISC. No.9049 of 2021 dt.12-08-2021
5. The allegation against the petitioner, his father and
mother, is that they under conspiracy had killed the son of the
informant.
6. Learned counsel for the petitioner submitted that the
allegation is totally unfounded and based only on suspicion. It was
submitted that the allegation of there being love affairs between
the sister of the petitioner and the deceased is not correct as she
was aged only 14 years at the relevant time and since before the
date of incident, she was studying at Mussoorie and was living in
hostel, with regard to which a certificate has been granted by the
school at Mussoorie. It was submitted that the learned Sessions
Judge, Bhojpur in order dated 14.12.2020 in ABP No. 2394 of
2020 has noted that it has come during investigation that there was
no good relation between both the sides and just before the alleged
date of occurrence the deceased had gone with the sister of the
petitioner to Delhi and returned back, is incorrect in view of the
fact that the school authority at Mussoorie had certified that from
many months prior to the date of incident and till December, 2019
the sister of the petitioner was in the hostel of the school. Learned
counsel submitted that the body was recovered 70 kilometres from
the village of the petitioner and further that the petitioner was
pursuing B. Tech. from Kalinga Institute of Industrial Technology
Patna High Court CR. MISC. No.9049 of 2021 dt.12-08-2021
(KIIT) at Bhubaneswar in the state of Odisha. It was submitted
that the management of the KIIT has issued a certificate to the
effect that prior to the date of incident and even after that the
petitioner was present in the hostel in Bhubaneswar. Learned
counsel submitted that even after the incident, the Superintendent
of Police, Bhojpur had sent a team to KIIT to verify the fact and
again a certificate has been issued by the Director of KIIT in
which it has been stated that the petitioner was present in the
hostel from 27.10.2019 to 29.10.2019 based on biometric records.
Learned counsel submitted that in such view of the matter, when
presence of the petitioner was confirmed by biometrics, it leaves
no iota of doubt that he was not present at the village and was
hundreds of kilometres away at Bhubaneswar. Learned counsel
drew the attention of the Court to various photographs which show
that the deceased brandishing country-made pistol and submitted
that he had a criminal background. Further, reference was made to
a news item which indicates that the petitioner along with others
had assaulted the Branch Manager and another employee of the
Oriental Bank after dragging them out of the car. Thus, learned
counsel submitted that possibility of him being killed due to inter-
gang rivalry cannot be ruled out whereas the petitioner and his
family are simple law-abiding citizens and he has no other
Patna High Court CR. MISC. No.9049 of 2021 dt.12-08-2021
criminal antecedent and presently pursuing his M. Tech. from
KIIT.
7. Learned APP submitted that as per the FIR, the
petitioner and his family members had conspired to kill the son of
the informant who was shot dead.
8. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, there
appears to be strong indications of the petitioner not being present
at the place of occurrence or near it and his sister also being at
Mussoorie at the relevant time and he having no criminal
antecedent and pursuing his studies at Bhubaneshwar, the Court is
inclined to grant pre-arrest bail to the petitioner.
9. Accordingly, in the event of arrest or surrender before
the Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty
five thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara
in Chauri PS Case No. 147 of 2019, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure, 1973
and further (i) that one of the bailors shall be a close relative of the
petitioner, and (ii) that the petitioner shall cooperate with the Court
Patna High Court CR. MISC. No.9049 of 2021 dt.12-08-2021
and the police/prosecution. Failure to cooperate shall lead to
cancellation of his bail bonds.
10. It shall also be open for the prosecution to bring any
violation of the foregoing conditions of bail by the petitioner, to
the notice of the Court concerned, which shall take immediate
action on the same after giving opportunity of hearing to the
petitioner.
11. The petition stands disposed of in the aforementioned
terms.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
