Chamru Santhal @ Chamru Tuddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 428 of 2021 Arising Out of PS. Case No.-113 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== CHAMRU SANTHAL @ CHAMRU TUDDU Son of Khoda @ Babu Lal Tuddu Resident of Village - Ghoghi Kodasi, P.S.- Piri Bazar, Distt. Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Mukesh Kumar, Advocate For the Opposite Party/s :

Ms Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 25-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Piri Bazar Police Station (for brevity, PS) Case No 113 of 2019 dated 12.10.2019 instituted for the offence punishable under Sections 302, 201, 120B/34 of Indian Penal Code and Section 27 of Arms Act. The prosecution case is that the informant's husband was called by the petitioner. Next day, he has been found murdered.

Learned counsel for the petitioner submits that from the prosecution case, it is apparent that the motive and suspicion of murder of the victim has been cast against co-accused Rajesh Singh @ Musho Singh @ Rajesh Kumar. The said Rajesh

Patna High Court CR. MISC. No.428 of 2021(3) dt.25-03-2021 2/3 Singh @ Musho Singh @ Rajesh Kumar has been allowed bail by this Court in Cr Misc No 12187 of 2020 by order dated 09.10.2020. Having no criminal antecedent, petitioner is in custody since 22.10.2019.

Learned APP, with reference to case diary, has submitted that in his confessional statement, petitioner has admitted the fact that he called the victim where after he has been done to death by other co-accused persons. In view of the aforesaid circumstances, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Luckeesarai in Piri Bazar PS Case No 113 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Patna High Court CR. MISC. No.428 of 2021(3) dt.25-03-2021 3/3 Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T