Chandan Kumar @ Chandan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66412 of 2019 Arising Out of PS. Case No.-141 Year-2018 Thana- BHAGWANPUR District- Begusarai ====================================================== CHANDAN KUMAR @ CHANDAN KUMAR SINGH, aged about 30 years (Male), son of kedar Singh, resident of village, Semaria, P.S. Barauni, District, Begusarai ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
M/s A. K. Thakur Nilesh Kumar, Pravin Kumar Udbhav, Swati Sinha, Advocates For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-11-2019 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
Informant in her written complaint has stated regarding murder of her husband, namely, Bam Bam Chaudhary against Amresh Chaudhary. Allegation against the sons of Amresh Chaudhary is that they enticed her husband and took near Ranju Mobile Shop and, thereafter, it is alleged that Chandan along with other miscreants killed her husband by firing. It has been submitted on behalf of the petitioner that this case has been instituted on the basis of suspicion only.
Patna High Court CR. MISC. No.66412 of 2019(3) dt.29-11-2019 2/3 Petitioner has no enmity with informant or his family and he is not related with Amresh Chaudhary. It has further been stated that similarly placed co-accused Amresh Chaudhary and Ganesh Paswan have already been granted bail by different co-ordinate Benches of this Court as contained in Annexure 2 and 2/1. Petitioner is in custody since 26.07.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bhagwanpur (Tiyay O.P.) P.S. Case No. 141/2018 with following conditions:- (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 shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(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
Patna High Court CR. MISC. No.66412 of 2019(3) dt.29-11-2019 3/3 bail of the petitioner.
(S. Kumar, J) Sanjay/- U T