Chandan Sah @ Chandan Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74264 of 2024 Arising Out of PS. Case No.-142 Year-2023 Thana- PATAHI District- East Champaran ====================================================== Chandan Sah @ Chandan Kumar Sah, S/o- Prabhu Sah Resident of VillageGujraul, Ward No. 2, P.S.- Patahi, Dist- East Champaran at Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 201/ 34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner is in custody since 02.03.2024 and he is a person with clean antecedent. It is next submitted that informant alleges that his son Satyam on 05.05.2023 was returning home, when he was abducted by the accused persons including the petitioner and they killed him and thereafter, threw the dead body in a maize field. On getting information, the informant reached the place of occurrence and saw the dead body of his son with mark of violence/ injuries on body and there was a firearm injury on
Patna High Court CR. MISC. No.74264 of 2024(2) dt.18-10-2024 2/3 chest of the deceased. It is next alleged that few days back Dhirendra had threatened to kill his son.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant based on suspicion. It is also submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that informant is not an eye witness to the occurrence and the entire allegation hinges around suspicion. It is next submitted that even allegation of threat is against Dhirendra. The learned counsel next submits that in the event, if petitioner is granted the privilege of bail, the petitioner will not abscond rather will cooperate in the trial to prove his innocence.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XII, East Champaran at Motihari in connection with Sessions Trial No.799 of 2024 arising out of Patahi P. S. Case No.142 of 2023.
7. The application stands allowed.
Patna High Court CR. MISC. No.74264 of 2024(2) dt.18-10-2024 3/3
8. However, in the event, if the learned trial Court comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the learned trial Court shall forthwith cancel his bail bonds after recording reasons and shall take all coercive steps to ensure that petitioner is behind bar.
(Satyavrat Verma, J) vikash/- U T