Sukesh Singh @ Sukesh Choudhary @ Mukesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13898 of 2022 Arising Out of PS. Case No.-3 Year-2018 Thana- SAMHO District- Begusarai ====================================================== Sukesh Singh @ Sukesh Choudhary @ Mukesh Choudhary Son Of Late Suresh Choudhary R/O Village- Nandpur, P.S.- Suryagarha, DistrictLakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioner is that he along with other co-accused persons have committed murder of the father of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been implicated in this case

Patna High Court CR. MISC. No.13898 of 2022(2) dt.18-07-2022 2/3 due to land dispute. It is further submitted that five named coaccused persons have been granted bail by a Co-ordinate Bench of this Court. Further, it is submitted that the petitioner was already in custody in Suryagarha P.S. Case No. 228 of 2018 and subsequently he learnt about the present case and accordingly an application was filed by the learned counsel for the petitioner for remanding him in the present case and on that basis, the petitioner was remanded in the present case on 18.12.2021. Charge-sheet has been submitted in the case and petitioner has antecedent of six cases.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/Successor Court in connection with Samho P.S. Case No. 03 of 2018, subject to the following conditions:-

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

Patna High Court CR. MISC. No.13898 of 2022(2) dt.18-07-2022 3/3 and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

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

(Khatim Reza, J) Gaurav Kumar/- U T