Rakesh Kumar vs The State Of Bihar
2021 Latest Caselaw 741 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.37616 of 2020
          Arising Out of PS. Case No.-212 Year-2020 Thana- BARHARA District- Bhojpur
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1. Rakesh Kumar, aged about 23 years, (Male), Son of Ram Babu Yadav Resident of Village- Saraiya, P.S.- Barahara, Distt- Bhojpur.

2. Kamaldeo Yadav, aged about 35 years, (Male) Son of Bhola Yadav Resident of Village- Saraiya, P.S.- Barahara, District- Bhojpur.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Jee Mishra, Advocate for the State : Mr. Upendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-02-2021

Heard Mr. Sheo Jee Mishra, learned counsel for the

petitioners and Mr. Upendra Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioners are in custody in connection with

Barhara PS Case No. 212 of 2020 dated 31.05.2020, instituted

under Sections 302/201/34 of the Indian Penal Code.

3. The allegation against the petitioners is that they had

killed the brother of the informant along with two other named

persons.

4. Learned counsel for the petitioners submitted that the

case is totally false and concocted. It was submitted that the

parties are agnates having land dispute. Learned counsel

submitted that as per the allegation the deceased brother of the

informant had left the house on 30.05.2020 and his body was Patna High Court CR. MISC. No.37616 of 2020 dt.08-02-2021

recovered on 31.05.2020 and after post-mortem, the FIR was

lodged in the present case. However, it was submitted that more

surprisingly on 31.05.2020 itself, after the present case, another

case was lodged by the informant in which it is alleged that the

said deceased brother was beaten up by the same four accused,

including the petitioners, on 26.05.2020. Learned counsel

submitted that after lodging of the present case, to create a

record the second case has been instituted, both being false.

Learned counsel submitted that in the second case also the only

allegation is that the petitioners and two others had beaten up

the deceased. It was submitted that the deceased was of light

mind and used to go away from his house and something might

have happened for which the petitioners are not responsible. It

was submitted that besides the present case and the other case,

there is no other criminal antecedent against the petitioners and

they are in custody since 17.08.2020.

5. Learned APP submitted that the allegation against the

petitioners and two other co-accused is of killing the brother of

the informant.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioners be released on bail upon furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.37616 of 2020 dt.08-02-2021

25,000/- (twenty five thousand) each with two sureties of the

like amount each to the satisfaction of the learned Chief Judicial

Magistrate, Bhojpur at Ara in Barhara PS Case No. 212 of 2020,

subject to the conditions (i) that one of the bailors shall be a

close relative of the petitioners, (ii) that the petitioners and the

bailors shall execute bond with regard to good behaviour of the

petitioners, and (iii) that the petitioners shall also give an

undertaking to the Court that they shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of their bail bonds. The

petitioners shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of their bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T