Chhotan Singh @ Rupam Singh @ Rupam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17950 of 2020 Arising Out of PS. Case No.-92 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== CHHOTAN SINGH @ RUPAM SINGH @ RUPAM, S/o Late Nawal Kishore Singh @ Late Mukul Singh @ Nand Kishor Singh, R/o villageRaghunathpur, P.O. and P.S.- Raghunathpur, O.P. Turkauliya and VillageMatiyariya Hatta, P.S.- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Adv For the Opposite Party/s :

Mr.Ajay Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR, it transpires that there is specific allegation against four persons, namely, Awadhesh Sah, Madan Sah, Pradeep Sah and Suman Saurav, who shot dead the brother

Patna High Court CR. MISC. No.17950 of 2020(2) dt.05-06-2020 2/3 of the informant.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on the basis of suspicion. Petitioner is not named in the FIR. The name of the petitioner has surfaced on the basis of confessional statement of co-accused Madan Sah. Similarly placed co-accused has been granted bail by co-ordinate bench of this court vide order dated 03.06.2020 passed in Cr. Misc. No. 9222 of 2020. Petitioner is in custody since 14.10.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Ghorasahan P.S. Case No. 92 of 2019 subject to the conditions that:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his

Patna High Court CR. MISC. No.17950 of 2020(2) dt.05-06-2020 3/3 absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajiv U T