Chunchun Singh @ Chunchun Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9010 of 2016 Arising Out of PS.Case No. -25 Year- 2015 Thana -NARHAT District- NAWADA ====================================================== Chunchun Singh @ Chunchun Sardar Son of Late Uday Singh, R/o Manama, P.S. - Hisua, District - Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. B.N.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Narhat P.S. Case No. 25 of 2015 registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

Jitendra Rajbanshi, the son of the informant was found killed near the bank of Tilaiya river in front of village Gajra Chattar, During investigation, co-accused Kundan Kumar @ Kundan Singh was apprehended and he confessed his guilt and further identified his slipper recovered from the place of occurrence and he named the petitioner also and thereafter, the petitioner also confessed his guilt.

Submission is of false implication and that there is no eye witness of the occurrence, the petitioner was not seen in the company of the deceased, the witnesses examined during

Patna High Court Cr.Misc. No.9010 of 2016 (2) dt.25-04-2016 2/2 investigation have also raised suspicion against the petitioner and others, there is no tangible material against him, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, co-accused Kundan Kumar @ Kundan Singh has already been allowed bail vide Cri. Misc. No. 30944 of 2015 and other co-accused Sarvesh Kuamr @ Khabari Lal has also been allowed bail vide Cri. Misc. No. 34274/2015 and, as such, the petitioner also deserves sympathetic consideration to which the learned A.P.P. does not oppose.

In the facts and circumstances stated above, the petitioner, above named, is also 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 C.J.M., Nawada in connection with Narhat P.S. Case No. 25 of 2015 subject to the conditions that one of the bailors must be 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) sushma/- U T