Jayant Singh @ Chercheru Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20566 of 2025 Arising Out of PS. Case No.-53 Year-2023 Thana- GALGALIYA District- Kishanganj ====================================================== Jayant Singh @ Chercheru Singh S/O Bhuben Singh R/O Vill.- Latgachh, Churli, P.O. and P.S.- Galgalia, Dist.- Kishanganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Sessions Trial No. 224 of 2024, arising out of Galgalia P.S. Case No. 53 of 2023 registered for the alleged offences under Section 302/34 of the Indian Penal Code.
3. As per prosecution case, the brother of the informant went to meet one girl in village Latgachh where he was assaulted by some persons. The informant and his other brother Uttam Singh went there and found their brother being assaulted by the petitioner and other co-accused persons with lathi, danda, spade, sickle, iron rod etc. The brother of the informant was taken to hospital where he was declared brought dead.
2/4
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From the FIR it appears that there is general and omnibus allegation against the petitioner and others. Learned counsel further submits that the deceased was having affair with one girl of the village and he had gone to meet her and on alarm of thief being raised, the villagers assembled and suspecting him to be thief assaulted the brother of the informant and he subsequently died. Learned counsel further submits that the informant, his brother and the eye witnesses were examined and they, in their deposition recorded by the learned Sessions Court, stated that they did not name the petitioner for being involved in the occurrence and they did not support the prosecution case.
Similarly placed co-accused Narendra Kumar Singh @ Narendra Singh has been granted bail vide order dated 31.01.2025 passed in Cr. Misc. No. 30764 of 2024 by a Coordinate Bench of this Court. Learned counsel further submits that the petitioner is having clean antecedent and he is in custody since 23.10.2024 after surrender before the court and charge sheet has been submitted.
5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that there is
3/4 specific allegation against the petitioner for causing death of the brother of the informant in connivance with other co-accused persons.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the deposition of the witnesses absolving the petitioner and further considering his clean antecedent and period of custody, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Kishanganj/concerned Court in connection with Sessions Trial No. 224 of 2024, arising out of P.S. Case No. Galgalia P.S. Case No. 53 of 2023, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the
4/4 terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T