Chandra Shekhar Singh @ Chandra Shekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21291 of 2022 Arising Out of PS. Case No.-209 Year-2018 Thana- BARUN District- Aurangabad ====================================================== Chandra Shekhar Singh @ Chandra Shekhar Kumar Son of Sidheshwar Singh Resident of Village - Pokharahi Dighi, P.S.- Nabinagar, District - Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Leelawati Kumari, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Barun P.S. Case No. 209 of 2018 registered for the offence under Sections 302, 201 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

The accused/petitioner is not named in the F.I.R. and is in custody since 13.12.2021.

The allegation against the petitioner is to commit murder, where a dead body was recovered from the bush near

Patna High Court CR. MISC. No.21291 of 2022(2) dt.02-09-2022 2/3 Chimni Bhatti at Santhua More, local Chaukidar is the informant of the present case.

Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Pawan Kumar Singh, who has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 47336 of 2019 dated 05.08.2019 and in furtherance thereof, nothing incriminating surfaced/recovered, which may connect the petitioner, prima facie, with the present allegation of murder. It is further submitted that petitioner remanded in the present case from Nabinagar P.S. Case No. 101 of 2020 dated 23.05.2020, merely on the basis of suspicion. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that petitioner is not named in the F.I.R.

Patna High Court CR. MISC. No.21291 of 2022(2) dt.02-09-2022 3/3 submitted, let the petitioner, above named, is directed to be released on bail in connection with Barun P.S. Case No. 209 of 2018 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- Archana/- U T