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Patna High CourtCR. MISC./7645/2024bail granted

Chandan Sah@ Chandan Kumar Sah v. The State Of Bihar

2024-02-20Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7645 of 2024 Arising Out of PS. Case No.-68 Year-2022 Thana- JANTA BAZAR District- Saran ====================================================== Chandan Sah@ Chandan Kumar Sah S/o Late Surendra Sah Resident of village - Dandaspur Tole, Navka Bazar, P.S. - Janta Bazar, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, this petitioner along with other co-accused persons is alleged to have killed the sister of the informant by pressing her neck .

4. It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case. The petitioner is an outsider and not a family member of the deceased. He has no concern with the

Patna High Court CR. MISC. No.7645 of 2024(2) dt.20-02-2024 2/3 alleged occurrence. This petitioner is said to have caught hold of the hand of deceased. Though, as per the allegation, the cause of death of the deceased was by pressing her neck but in the postmortem report it has come to light that the death of the deceased has taken place due to hanging. There is general and omnibus allegation against this petitioner no specific allegation of any overt act alleged against him. Similarly situated coaccused persons have already been granted bail by this Court vide order dated August 3, 2023, in Cr. Misc. No. 38643 of 2023. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Clss, Saran at Chapra in

Patna High Court CR. MISC. No.7645 of 2024(2) dt.20-02-2024 3/3 connection with Janta Bazar P.S. case No. 68 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/- U T