Chandan Singh v. The State Of Bihar
Patna High Court Cr.Misc. No.42788 of 2015 (3) dt.06-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42788 of 2015 Arising Out of PS.Case No. -111 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Chandan Singh son of Hazari Singh resident of village - Khap Tola, P.S. - Nautan, District - West Champaran.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bimlesh Kumar Pandey For the Opposite Party : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-11-2015 Heard the counsel for the petitioner and counsel for the State.
The petitioner is languishing in jail since 30.05.2015 in a case instituted under Sections 147, 148, 149, 341, 323, 325 and 302 of the Indian Penal Code.
As per allegation, it is a case of murder of informant's wife by the accused persons.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.05.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. Petitioner has got no criminal antecedent. As per the FIR, the allegation has been made against three persons for assault. No specific injury has been attributed
Patna High Court Cr.Misc. No.42788 of 2015 (3) dt.06-11-2015 against any of the persons including the petitioner. From perusal of the postmortem report, it appears that there is only one external injury on the body of the deceased. Subsequently, in course of investigation, which is evident from perusal of paras-5,6,7 and 8 of the case diary, the allegation of assault was made against six persons and thereafter, in para-64 of the case diary a specific allegation was made of assault against the petitioner. The prosecution has been trying to develop its case at every stage of the investigation. The other co-accused have been granted bail by this Court Vide Cr.Misc.No.33852 of 2015, Cr.Misc.No.32734 of 2015 and Cr.Misc.No.31032 of 2015.
On behalf of the State and the counsel for the Informant, it has been submitted that the petitioner is named in the FIR.
Considering the aforesaid facts and circumstances, let the above named petitioner 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 Shri N.P.Singh, Judicial Magistrate, Ist Class, Bettiah, West Champaran in connection with Nautan P.S.Case No.111 of 2015.
(Sudhir Singh, J) B.Kr./- U T