Patna High CourtCR. MISC./59984/2021bail granted

Chaitu Sada v. The State Of Bihar

2022-03-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59984 of 2021 Arising Out of PS. Case No.-220 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== CHAITU SADA Son of Bodhan Sada Resident of Village - Manjhaul Khera Mushari Tola, P.s.- Cheriabariyarpur, Distt.- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-03-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/201/34 of the Indian Penal Code.

As per the prosecution case, on 05.11.2020 coaccused, Mithlesh Sada and Subodh Sada, have taken away the informant's brother and thereafter this petitioner along with other accused persons killed him and concealed his dead body. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that from bare perusal of the FIR it is apparent that there is no eye witness of the occurrence. Petitioner has been made accused in this case on the basis of

Patna High Court CR. MISC. No.59984 of 2021(3) dt.25-03-2022 2/2 confessional statement of co-accused, Mithilesh Sada, in which it is alleged that petitioner participated in disposal of dead body but there is no allegation that petitioner participated in the commission of offence. Petitioner claims clean antecedent and is in custody since 18.06.2021 and investigation in this case is complete.

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

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Additional Chief Judicial Magistrate, Manjhaul, Begusarai in connection with Cheriyabariyarpur (Manjhaul O.P.) PS case No.220/2020.

(Prabhat Kumar Singh, J) BKS/- U T