Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42483 of 2017 Arising Out of PS. Case No.-110 Year-2015 Thana- PAKRIDAYAL District- East Champaran ====================================================== Chandan Singh Son of Ajit Singh, R/o Village-Banjaria, P.S.- Madhuban, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. MD. ASHLAM ANSARI, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 120 and 120B of the Indian Penal Code. Prosecution case, in short, is that on 7.8.2015 the informant got an information that a dead body is lying in the Lichiwani of Bhairo Prasad, On verification he found dead body of a male person, who was killed by cutting neck. The informant informed to the Officer Incharge and thereafter he came with police personnel.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.6.2017. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has

Patna High Court Cr.Misc. No.42483 of 2017(2) dt.19-09-2017 2/2 falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come on the confessional statement of a co-accused. There is no eye witness to the alleged occurrence nor there is any substantitve evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Vth, East Champaran, Motihari in connection with Pakaridayal P.S. case No.110 of 2015. (Sudhir Singh, J) Narendra/- U T