Chulo Bind @ Chandradeo Singh Nishad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2764 of 2019 Arising Out of PS. Case No.-22 Year-2002 Thana- MARANCHI District- Patna ====================================================== Chulo Bind @ Chandradeo Singh Nishad, son of late Passuram Nishad, resident of village- Kasha Diyara Dumra, P.S.- Maranchi (Pachmahalla), District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 22-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in S. T. No.833 A of 2006 arising out of Maranchi P.S. Case No.22 of 2002 instituted for the offence under Section(s) 302, 201/34 Indian Penal Code. Counsel for the petitioner submits that First Information Report is against unknown. There is no allegation of specific overt act against the petitioner. In the written report, it is alleged that when the informant returned to her house she did not find her husband in the house. Blood was found near the bed. When she enquired from the villagers, they told that 3-4 unknown persons have taken her husband forcibly. Later on, dead body of her husband

Patna High Court Cr.Misc. No.2764 of 2019(2) dt.22-01-2019 2/2 was recovered from the bank of Ganga river.

It is mentioned in the impugned order that charge has already been framed in this case on 06.11.2018. Petitioner is in custody since 04.09.2018 having clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ADJ-III, Barh, Patna, in connection with S. T. No.833 A of 2006 arising out of Maranchi P.S. Case No.22 of 2002, subject to the condition that both the bailors shall be close relative of the petitioner. Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T