Jai Prakash Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57482 of 2019 Arising Out of PS. Case No.-273 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== JAI PRAKASH CHAUBEY Son of Vishram Chaubey Resident of Village - Jawahi Diyar (Misir Dera), P.S.- Brahmpur, Distt - Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody seeks bail in a case registered under Sections 302, 201/34 of the Indian Penal Code. Informant has alleged in his fardbeyan that on 21.06.2019 his deceased brother Ramji Yadav was present at the egg shop of his nephew Sudarshan Yadav when at about 7.30 PM his brother was taken away by accused Purushottam Chaubey to prepare "Litti Chokha" and thereafter did not return and on 22.06.2019 at 4:00 PM the dead body of his brother was found near the bush. It is further alleged against the petitioner that he had threatened his brother two days ago that he will meet dire consequences and has raised suspicion that FIR named accused who are all brothers have killed his brother.

Patna High Court CR. MISC. No.57482 of 2019(4) dt.10-01-2020 2/3 It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case on the basis of suspicion and there is no direct allegation against him of killing his brother and at best it is a case of last seen against his brother. Petitioner has no criminal antecedent and is in custody since 24.06.2019.

Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Brahmpur P.S. Case No. 273 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his

Patna High Court CR. MISC. No.57482 of 2019(4) dt.10-01-2020 3/3 bail bond.

(3) 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.

(S. Kumar, J) veena/- U T