Chuman Baitha @ Suman Baitha @ Sushil Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38043 of 2017 Arising Out of PS.Case No. -132 Year- 2016 Thana -SAHPUR District- BHOJPUR ====================================================== Chuman Baitha @ Suman Baitha @ Sushil Baitha Son of Akshaybar Baitha Resident of Village - Bharakhara, P.S. - Rajpur, District Buxar. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rakesh Kumar Sinha For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Sessions Trial No. 114 of 2017 arising out of Sahpur P.S. Case No. 132 of 2016 for offences punishable under Sections 302, 201/34 of the Indian Penal Code.

The prosecution case, as lodged by the Chowkidar, is that on information two dead bodies, one male and one female were recovered from a well. Thereafter F.I.R. was lodged against unknown.

Patna High Court Cr.Misc. No.38043 of 2017 (3) dt.03-10-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the F.I.R. and it is on the basis of suspicion that he has been made accused. He submits that there is no eye witness to the alleged occurrence and the petitioner is languishing in custody since 20.11.2016 and that trial is going on and he is ready to cooperate in the trial on day to day basis.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned 6th Additional Sessions Judge, Bhojpur, Ara in connection with Sessions Trial No. 114 of 2017 arising out of Sahpur P.S. Case No. 132 of 2016, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required

Patna High Court Cr.Misc. No.38043 of 2017 (3) dt.03-10-2017 3/3 and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Devendra/- U T