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Patna High CourtCR. MISC./4627/2019bail granted

Chandan Rai @ Chandan Kumar @ Chandan Roy v. The State Of Bihar

2019-02-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4627 of 2019 Arising Out of PS. Case No.-181 Year-2018 Thana- BAKHARI District- Begusarai ====================================================== Chandan Rai @ Chandan Kumar @ Chandan Roy, son of Late Naresh Rai @ Late Naresh Prasad Singh, Resident of Village- Khairedarha, P.S.- Bakhri, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 05-02-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Informant. Petitioner seeks bail in Bakhari P.S. Case No.181 of 2018 instituted for the offence under Section(s) 324, 302, 201/34 Indian Penal Code and Section 27 of the Arms Act. It is alleged in the written report that one unidentified dead body was lying in the Police Station. The informant identified the aforesaid dead body as of her son. He had sustained one bullet injury on his chest and another injury on his arm. Several injuries of knife were also found. The informant raised suspicion against seven named accused persons in her written report.

Name of this petitioner has come during investigation

Patna High Court Cr.Misc. No.4627 of 2019(2) dt.05-02-2019 2/2 in further statement of the informant. She has raised suspicion against this petitioner also along with other accused. Counsel for the informant submits that in para 92 of the case diary there is confessional statement of the petitioner, wherein, he has stated about the manner of occurrence committed by the accused persons.

Counsel for the petitioner submits that aforesaid confessional statement has been recorded by the police and at this stage it will have no evidentiary value. 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 Additional Chief Judicial Magistrate V cum Sub Judge III, Begusarai, in connection with Bakhari P.S. Case No.181 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T