Chhappan Singh @ Kamlesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14194 of 2025 Arising Out of PS. Case No.-531 Year-2023 Thana- PAROO District- Muzaffarpur ====================================================== Chhappan Singh @ Kamlesh Singh Son of Gagan Dev Singh Village and PoMohjama, Ps -Paru, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Singh, Adv For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 18-06-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Paroo P.S. Case No. 531 of 2023 registered for the offences punishable u/s 302/34 of the I.P.C.
3. As per the prosecution case, on 14.12.2023, the five FIR named accused persons including the petitioner came to the informant's house and on the pretext of attending a party have taken away his son. When the son of the informant did not return till late night, they started searching for him but his phone was found switched off. In the morning, the dead body of the informant's son was found near canal.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.14194 of 2025(3) dt.18-06-2025 2/3 that the petitioner has falsely been implicated in this case and there is general and omnibus allegation against all the five named accused persons and no specific allegation of overt act has been levelled against the petitioner. It is next submitted that there is no eye witness of the alleged occurrence and no incriminating article has been recovered from the possession of the petitioner. It is also submitted that similarly situated coaccused person, namely, Gautam Ram, has already been granted bail by a co-ordinate Bench of this Court vide order dated 18.09.2024 passed in Cr. Misc. No. 48604 of 2024. It is lastly submitted that the petitioner has two criminal antecedents and is in custody since 29.09.2024.
5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the parties and taking into account the fact that barring suspicion there is nothing against the petitioner, as of now, coupled with the fact that the petitioner is in custody since 29.09.2024, let the petitioner above-named, be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur, in connection with Paroo P.S. Case No.
Patna High Court CR. MISC. No.14194 of 2025(3) dt.18-06-2025 3/3 531 of 2023, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of her bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. The application stands allowed.
8. However, the observations made by this Court while granting the bail should not be taken into account during the trial.
(Sourendra Pandey, J) Jyoti/- U T