Bindelal Chauhan @ Binda Lal Chauhan v. The State Of Bihar

Patna High Court Cr.Misc. No.996 of 2016 (3) dt.11-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.996 of 2016 Arising Out of PS.Case No. -53 Year- 2015 Thana -NARDIGANJ District- NAWADA ======================================================

1. Bindelal Chauhan @ Binda Lal Chauhan Son of Late Amrit Chauhan Resident of Village- Panchhchka Police Station: Nardiganj, DistrictNawada..... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Prem Ranjan Kumar For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Nardiganj P.S. Case No. 53 of 2015 registered for the offence punishable under Section 302 of the Indian Penal Code.

Allegedly, Rajiya Devi the mother of the informant, was found dead on the cot and accordingly, first information report was lodged against unknown. During investigation name of the petitioner and others transpired that earlier the petitioner has caused threats to the deceased and the petitioner and others might have killed the deceased and took away cash and ornaments. Submission is of false implication and that there is no eye witness of the occurrence, only on suspicion the petitioner has been named, the petitioner having no criminal antecedent is

Patna High Court Cr.Misc. No.996 of 2016 (3) dt.11-03-2016 suffering in custody since 10.10.2015, chargesheet has already been submitted and there is no chance of tampering with prosecution evidence.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Nawada in connection with Nardiganj P.S. Case No. 53 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T