Saroj Kumar vs State Of Bihar

The matter has been heard via video conferencing.

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.

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.

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.

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.

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.

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 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.

The application stands disposed off in the aforementioned terms.