Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37376 of 2016 Arising Out of PS.Case No. -124 Year- 2015 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chandan Kumar Son of Jawahar Rai Resident of Village- Amba Kala P.S. Piprahi District Sheohar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ansul, Advocate For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-11-2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Patahi P.S. Case No.124 of 2015 for the offences registered under sections 302/201/34 of the Indian Penal Code. The informant lodged the present case against eight F.I.R. named accused but it is apparent from the written report of the informant that he is not an eye witness of the alleged occurrence. However, in course of investigation, it came to light that one coaccused, namely, Rajesh Kumar Yadav had sweet relation with wife of the deceased. Subsequently, the aforesaid Rajesh Kumar Yadav, who happens to be cousin brother of the deceased, was

Patna High Court Cr.Misc. No.37376 of 2016 (3) dt.17-11-2016 2/3 arrested and made his confessional statement disclosing the involvement of the petitioner and thereafter, call details of accused as well as wife of the deceased were also collected. It appears that except the aforesaid call details as well as confessional statements, there is nothing against the petitioner to show his involvement in the present case. Moreover, co-accused, Rajesh Kumar Yadav has already been granted privilege of regular bail by a Co-ordinate Bench of this Court. Apart from this, most surprising feature of this case is that the informant, who happens to be father of the deceased, had deposed before this Court in support of pleadings of petition of the petitioner and, therefore, the aforesaid circumstance goes to show that still the informant does not have any grievance against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in Patahi P.S. Case no. 124 of 2015 subject to condition as laid down under section 438(2) of the

Patna High Court Cr.Misc. No.37376 of 2016 (3) dt.17-11-2016 3/3 Cr.P.C. However, petitioner shall co-operate with the Investigating Officer till completion of the investigation. (Hemant Kumar Srivastava, J) N.H./- U T