Chulbul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40427 of 2017 Arising Out of PS.Case No. -21 Year- 2015 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. Chulbul Singh S/o Uma Singh @ Umesh Singh Resident of VillagePachmahala, P.S.-Maranchi, District-Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 18.05.2017 in connection with Barahiya P.S. Case No. 21 of 2015 for offences punishable under Sections 328, 302/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that her husband Krishnandan Singh @ Turanti Singh (deceased) had gone out of the house on 05.02.2015 but did not return. She got information that a dead body was lying on the road near the petrol pump which was identified as deceased. It is further been alleged that some people said that the petitioner and one Santosh Singh were going on the road towards Barahiya. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history. The

Patna High Court Cr.Misc. No.40427 of 2017 (3) dt.06-10-2017 2/2 deceased was a drunkard and due to consumption of poisonous alcohol, he died, which has come in the viscera report of Forensic Science Laboratory. He submits that witnesses are not eye witness to the alleged occurrence and it is only on the suspicion that he has been made accused. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.

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 Chief Judicial Magistrate, Lakhisarai, in connection with Barahiya P.S. Case No. 21 of 2015 subject to the condition that one of the bailors would be a close relative of the petitioner. (Nilu Agrawal, J) sushma/- U