Patna High CourtCR. MISC./9789/2020bail granted

Ganesh Singh v. The State Of Bihar

2020-06-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9789 of 2020 Arising Out of PS. Case No.-165 Year-2018 Thana- AMDABAD District- Katihar ====================================================== Ganesh Singh, S/o Jitan Singh, R/o village - Gadai Diyara, Ward No. 10, P.S.- Amdabad, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Niwas Prasad, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-06-2020 The matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It appears that co-accused Birendra Chaudhary, having identical allegation, has already been allowed bail by this Court vide order dated 04.03.2020 passed in Cr. Misc. No. 67799 of 2019. The informant is not an eyewitness of the occurrence of murder, rather he gathered information from one Uttam Chaudhary. Uttam Chaudhary stated before the police that coaccused Bablu Chaudhary and Ramu Chaudhary were seen along with the deceased on a boat. Uttam Chaudhary was there when the

Patna High Court CR. MISC. No.9789 of 2020(3) dt.05-06-2020 2/2 two named persons committed murder of the son of the informant. Considering the fact that there is no direct material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Amdabad Police Station Case No. 165 of 2018, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

If the petitioner would not be able in furnishing sureties due to lockdown, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.

(Birendra Kumar, J) Kundan/- U T