Patna High CourtCR. MISC./39458/2023bail granted

Chandu Singh @ Chandu Kumar Singh v. The State Of Bihar

2023-07-07Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39458 of 2023 Arising Out of PS. Case No.-26 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== Chandu Singh @ Chandu Kumar Singh Son of Kedar Singh Resident of village - Dih Boriya, P.S. - Vibhutipur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Bibhutipur P.S. Case No. 26 of 2021 dated 20.01.2021, lodged under Sections 147, 148, 149, 341, 323, 302 of the I.P.C.

4. As per the prosecution case, the F.I.R. has been lodged against 25 named and 80 unknown accused persons.

5. Learned counsel for the petitioner submits that from the contents of the F.I.R., there is nothing specific against any one of the accused persons, save and except that there is a suspicion arising against all the accused persons. Counsel further submits that the antecedent of the petitioner is clean and

Patna High Court CR. MISC. No.39458 of 2023(2) dt.07-07-2023 2/3 he is in custody since 31.12.2022.

6. Learned counsel for the petitioner further submits that the other co-accused persons have been granted bail by the Co-ordinate Bench of this Court annexed as Annexure-2 and Annexure-2/1. Counsel also submits that series of persons have been granted bail by the Co-ordinate Bench of this Court during pendency of this bail application.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rosera in connection with Bibhutipur P.S. Case No. 26 of 2021, District- Samastipur subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.39458 of 2023(2) dt.07-07-2023 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T