Ganesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24620 of 2020 Arising Out of PS. Case No.-1121 Year-2018 Thana- SASARAM NAGAR District- Rohtas ============================================== GANESH CHAUDHARY S/o- Lal Bahadur Chaudhary R/o VillageDoriyano, P.S.- Shivsagar, District- Rohtas. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vishwajeet Kumar Mishra For the Opposite Party/s :

Mr. APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-01-2021 Heard Mr. Vishwajeet Kumar Mishra, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in connection with Town (Model) P.S. Case No. 1121 of 2018 instituted for the offences under Sections 363 and 365 of the Indian Penal Code. Later on Sections 364-A, 302, 201 and 120-B of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 17.08.2019 passed in Cr. Misc. No. 27375 of 2019. While rejecting the prayer for bail of the petitioner this Court had recorded that the petitioner has not been named in the F.I.R. but during the

Patna High Court CR. MISC. No.24620 of 2020(4) dt.15-01-2021 2/3 course of investigation, his name had transpired. The dead body of the deceased appears to have been recovered at the instance of the petitioner and other accused persons. The petitioner is in custody since 17.08.2018. Mr. Vishwajeet Kumar Mishra, learned counsel for the petitioner has further informed this Court that five other accused persons of this case has been granted bail by different Benches of this Court.

This Court had called for a report about the stage of the case.

The report which has been received indicates that charges have been framed against six accused persons but not a single witness has been examined uptil now. Considering the afore-noted facts that the trial has not even begun when the petitioner is in custody since 17.08.2018, this Court is inclined to grant bail to the petitioner.

Le the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.24620 of 2020(4) dt.15-01-2021 3/3 satisfaction of learned Chief Judicial Magistrate, Sasaram, in connection with Town (Model) P.S. Case No. 1121 of 2018. The petitioner shall however participate in the trial and any attempt of the petitioner for either tampering with the evidence or threatening the witnesses or delaying the process of trial shall render his bail liable to be cancelled. (Ashutosh Kumar, J) sunilkumar/- U T