Chhotu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36955 of 2015 Arising Out of PS.Case No. -65 Year- 2013 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Chhotu Singh S/o Sri Chandr kishore Singh@Sri Lalan Prasad Singh resident of Village- Ainee P.s simribakhtiyarpur,District Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Singh For the Opposite Party/s : Mr. Shyam Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-11-2015 Supplementary counter affidavit has been filed on behalf of the informant.

Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner is named in the first information report and it is alleged that petitioner and other F.I.R named accused took the deceased and, later on, dead body of the deceased was found. Learned counsel for the petitioner submits that no one has seen the actual killing of the deceased though one witness at Para -96 of the case diary claimed to have seen the petitioner and others committing the murder of the deceased but the statement of the aforesaid witness was recorded after near about one year of the

Patna High Court Cr.Misc. No.36955 of 2015 (4) dt.26-11-2015 2/3 alleged occurrence. It is further contended by him that in course of investigation, it came to light that deceased had illicit relation with his cousin sister and the father of the aforesaid girl committed murder of the deceased as the activities of the father of the aforesaid girl were found suspicious. It is further contended by him that moreover, several co-accused having similar allegation either have been granted privilege of anticipatory bail or regular bail.

On the other hand, learned counsel appearing for the informant submits that petitioner is a hardcore criminal and according to Para-3 of the petition, petitioner carries near about 16 criminal cases but as a matter of fact, some other cases have also been registered against the petitioner. So far as the material against the petitioner in the present case is concerned, the learned counsel appearing for the informant could not succeed to refer any paragraph except para-96 of the case diary.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur P.S.Case No. 65 of 2013.

Patna High Court Cr.Misc. No.36955 of 2015 (4) dt.26-11-2015 3/3 However, it is made clear that if in course of trial it is found by the trial court after due and proper inquiry that any attempt has been made by the petitioner to terrorize the prosecution witnesses or to temper with the prosecution evidence, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Hemant Kumar Srivastava, J) N.K/- U T