Upendar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44991 of 2019 Arising Out of PS. Case No.-343 Year-2018 Thana- ARWAL District- Jehanabad ====================================================== Upendar Chaudhary Son of Dasharath Chaudhary Resident of Village - Mandhari, P.S.- Chauri, Distt - Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner seeks bail in Arwal P.S. Case No. 343 of 2018, registered for the offences punishable under Sections 302, 201, 120B and 34 of the Indian Penal Code. Allegation is of committing murder of informant's brother.

It is submitted by learned counsel appearing on behalf of petitioner that there is no eye-witness of the occurrence. Name of petitioner has come on the basis of confession of coaccused Govind Chaudhary. Save and except confessional statement of co-accused, there is nothing against this petitioner. Charge-sheet has already been submitted. Petitioner is in custody since 27.12.2018 having clean antecedent.

Patna High Court CR. MISC. No.44991 of 2019(4) dt.16-10-2019 2/2 Learned counsel for the informant vehemently opposed the prayer for bail of the petitioner. Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged 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 Chief Judicial Magistrate, Arwal in connection with Arwal P.S. Case No. 343 of 2018 subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T