Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7783 of 2015 Arising Out of PS.Case No. -169 Year- 2014 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Chandan Kumar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjeet Kumar, Advocate. For the Opposite Party : Mr. Zainul Abedin(App) For the informant : Mr. Akhileshwar Pd. Singh, Sr. Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2015 Heard learned counsel for the petitioner, senior counsel for the informant and learned A.P.P. for the State.

The petitioner is languishing in custody since 11.04.2014 in a case registered for the offences punishable under Sections 363, 364 of the Indian Penal Code. Later on Section 364(A) of the I.P.C. was also added.

Nine year old son of the informant went missing. Subsequently, highly decomposed body of the victim was recovered. The name of the petitioner sprang up on confession of co-accused Rahul Kumar. Tower location of mobile of the petitioner was also found on the alleged date of occurrence near the

Patna High Court Cr.Misc. No.7783 of 2015 (2) dt.12-03-2015 2 / 3 place from where the dead body was recovered. It is submitted by learned counsel for the petitioner that only on suspicion, accusation has been levelled. A statement has been made in paragraph no. 3 of the petition that the petitioner has no criminal antecedent and other accused whose name also sprang up on confession of co-accused Rahul Kumar, has been granted bail by this Court vide Cr. Misc. No. 45693 of 2014.

It is submitted by learned senior counsel for the informant that the co-accused who was granted bail keeping in view of the fact that the trial has not commenced though now trial has already commenced and release of the petitioner will delay smooth running of trial.

Considering suspicious nature of accusation and the fact that similarly situated co-accused has been granted bail by this Court vide Cr. Misc. No. 45693 of 2014, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Begusarai, in connection with Begusarai Town P.S. Case No. 169 of 2014.

Learned court below will be liberty to

Patna High Court Cr.Misc. No.7783 of 2015 (2) dt.12-03-2015 3 / 3 cancel the bail bond of the petitioner if he defaults for two consecutive occasions.

U.K./- (Dinesh Kumar Singh, J) U T