Chandesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24842 of 2021 Arising Out of PS. Case No.-128 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== CHANDESH SINGH S/O SUDAMA SINGH R/o village- Tilak Dumar, P.S.- Bhorey, District- Gopalganj ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Satyendra Rai, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/201/34 of the Indian Penal Code.

As per the prosecution case, FIR named accused persons committed murder of the nephew of the informant by cutting his throat with sharp cutting weapon.

Learned counsel for the petitioner submits that the only material collected during course of investigation is that the petitioner was having illicit relation with co-accused Dharmshila Devi and the deceased had seen them in objectionable condition and therefore he committed murder. Save and except suspicion, there is no substantive evidence to suggest the implication of this petitioner in the present case. Petitioner has claimed clean antecedent and he is in custody since 31.5.2021. Charge sheet has already been submitted. Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.24842 of 2021(2) dt.26-07-2021 2/2 prayer for bail.

Considering the rival submissions of the parties, materials available on the record and the period of custody of the petitioner, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in Kateya Police Station Case No. 128 of 2020, Tr No. 1573/2020 on 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 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) 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.

(Prabhat Kumar Singh, J) shashi/- U T