Patna High CourtCR. MISC./63707/2018bail granted

Chotu Kumar v. The State Of Bihar

2018-10-29Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63707 of 2018 Arising Out of PS. Case No.-22 Year-2018 Thana- BHAGWANPUR District- Begusarai ====================================================== Chotu Kumar S/o Badri Singh, R/v Khanjapur Pali, P.S. Bhagwanpur (Teyay O.P.), District Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha For the Opposite Party/s :

Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Bhagwanpur (Teyayop) P.S. Case No. 22 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Allegation against the petitioner is of committing murder of the husband of the Informant though he is not named in the FIR but during investigation involvement of petitioner has been found.

It has been submitted on behalf of the petitioner that the petitioner has committed no offence and has been implicated in this case on suspicion. It has been further submitted that the petitioner is not named in the FIR and no incriminating material has been recovered from the possession of the petitioner. Similarly, situated co-accused person has been granted bail by a

Patna High Court Cr.Misc. No.63707 of 2018(2) dt.29-10-2018 2/2 co-ordinate bench of this Court vide order dated 14.08.2018 in Criminal Miscellaneous No. 33688 of 2018. Petitioner has got no criminal antecedent and is in custody since 01.06.2018. 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 Chief Judicial Magistrate-Begusarai, in connection with Bhagwanpur (Teyayop) P.S. Case No. 22 of 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 present on each and every date fixed by the court.

(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) ranjan/- U