Bhushan Singh @ Chandra Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 17972 of 2019 Arising Out of PS. Case No.-434 Year-2014 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== BHUSHAN SINGH @ CHANDRA BHUSHAN SINGH Son of Late Rajendra Singh Resident of Village - Bari Aghue, P.S.- Muffasil, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner, informant and the learned APP for the State.

The petitioner seeks bail in Sessions Trial No 364 of 2018 arising out of Begusarai Mufassil Police Station (for brevity, PS) Case No 434 of 2014 dated 12.12.2014 instituted for the offence under Section(s) 302/34, 120B of Indian Penal Code. Petitioner's prayer for bail was earlier rejected on 03.05.2018. He is in custody since 13.12.2017. Prayer for bail was earlier rejected having regard to the consideration made by this Court on the earlier occasion and the fact that the period of custody was much lesser.

The learned Senior Counsel for the petitioner submits that

Patna High Court CR. MISC. No.17972 of 2019(3) dt.18-12-2019 2/3 the deceased himself was accused in various cases. Details of five cases have been placed on record in the supplementary affidavit. The same involved the cases of kidnapping, rangdari and murder. It is also submitted that even though charges have been framed on 30.07.2018, till date, no witness has been produced in support of the prosecution and, therefore, the petitioner should be enlarged on bail.

Learned counsel for the State and the informant have opposed the prayer for bail. Submission is that the medical evidence corroborates the allegation of three gunshot injuries being inflicted upon the deceased.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Fast Track Court I, Begusarai in connection with Sessions Trial No 364 of 2018 arising out of Begusarai Mufassil PS Case No 434 of 2014 dated 12.12.2014 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the

Patna High Court CR. MISC. No.17972 of 2019(3) dt.18-12-2019 3/3 petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T