Patna High CourtCR. MISC./43248/2014bail granted

Chandan Kumar v. The State Of Bihar

2015-03-03The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43248 of 2014 Arising Out of PS.Case No. -287 Year- 2014 Thana -GAYA MUFFSIL District- GAYA ====================================================== Chandan Kumar, Son of Surendra Prasad, Resident of Village - Baradih, P.S. - Muffasil, District - Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Arvind Prasad Singh, Adv. For the Opposite Party : Mr. Anil Kr.Singh(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 03-03-2015 This application is filed with a prayer to grant bail to the petitioner. He is facing trial in Muffasil P.S. Case No.287 of 2014 for the offence punishable under Section-302/34 of I.P.C. He was arrested on 10.7.2014. B.P. No.61 of 2014, filed by the petitioner in the court of learned A.D.J.-II, Gaya, was rejected on 16.9.2014. Hence, this petition for regular bail before this Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.

A perusal of the fardbeyan of the father of the deceased discloses that he named four persons as the suspects of causing the death of his son. The complainant himself was not clear about the cause of the death. Dead body was found one day after the deceased

Patna High Court Cr.Misc. No.43248 of 2014 (3) dt.03-03-2015 2/2 was seen last.

Prima facie, this Court finds that the name of the petitioner did not figure in the F.I.R. and none of the persons who were named in the F.I.R. were arrested. The truth of the prosecution needs to be considered in the trial. Hence, this petition is allowed.

The petitioner is directed to be released on bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of C.J.M., Gaya in connection with Muffasil P.S. Case No.287 of 2014.

(L. Narasimha Reddy,CJ) K.C.jha/- U T