Saroj Kumar vs The State Of Bihar
2021 Latest Caselaw 465 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 32239 of 2020
      Arising Out of PS Case No.-61 Year-2020 Thana- BEERPUR District- Begusarai
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Saroj Kumar, Gender-Male, Aged about 42 years, Son of Late Rabindra Prasad Yadav @ Late Rabindra Prasad, Resident of Village - Ward No. 13, West Rostama Tola, Rostama, Birpur, PS- Birpur, District - Begusarai.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s     :        Mr. S K Lal, Advocate
For the State            :        Mr. Anil Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-01-2021

The matter has been heard via video conferencing.

2. Heard Mr. S K Lal, learned counsel for the petitioner

and Mr. Anil Kumar, learned Additional Public Prosecutor

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

3. The petitioner apprehends arrest in connection with

Birpur PS Case No. 61 of 2020 dated, instituted under Sections

147, 148, 149, 341, 323, 337, 338, 307, 379 and 324 of the Indian

Penal Code to which later on Section 302 of the Indian Penal

Code was added.

4. The allegation against the petitioner, though not

named in the FIR, is of being party to the assault on the nephew of

the informant which resulted in his death after two days.

Patna High Court CR. MISC. No.32239 of 2020 dt.29-01-2021

5. Learned counsel for the petitioner submitted that he is

not named in the FIR and during investigation it has come that he

had instigated the assailants to attack the informant side. Learned

counsel submitted that such instigation is falsified by the fact that

the petitioner also resides in the same ward as that of the

informant and the informant would have taken his name, but he

has taken the name of four persons and has said that five unknown

persons were there and thus, the presence of the petitioner is not

possible in the absence of informant having taken his name in the

FIR itself, being the resident of the same ward. It was submitted

that the petitioner is a Government school teacher and has no

criminal antecedent.

6. Learned APP submitted that a person has been killed

due to assault and it has come during investigation that the

petitioner also had a role in such incident.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, 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, Begusarai in Birpur PS Case Patna High Court CR. MISC. No.32239 of 2020 dt.29-01-2021

No. 61 of 2020, 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 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 lead to cancellation of his bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T