Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45305 of 2018 Arising Out of PS. Case No.-39 Year-2017 Thana- JAMUI District- Jamui ====================================================== Chandan Kumar Singh, S/o Ajay Prasad @ Ajay Prasad Singh, R/o Vill. -Hansdih, P.S. & District- Jamui.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Jamui P.S. Case No. 39 of 2017, registered under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the bail prayer of the petitioner was refused twice on merit lastly on 28.02.2018 vide Criminal Miscellaneous No. 54397 of 2017. Further submission is that petitioner having no criminal antecedent is in custody since 12.02.2017. It is also submitted that it would appear from perusal of the case diary that coaccused Rocky Singh and Ashu Singh confessed their guilt about causing injury to the son of the informant and his friend

Patna High Court Cr.Misc. No.45305 of 2018(4) dt.19-09-2018 2/2 and it has only come that son of the deceased and his friend moved with this petitioner and, thereafter, son of the informant and his friend were shot fire by Rocky and Ashu. Further submission is that co-accused Ashu Singh has already been allowed bail by a co-ordinate Bench of this Court on 21.09.2017 passed in Criminal Miscellaneous No. 36438 of 2017.

Learned counsel for the informant submits that all the Chargesheet witnesses, except I.O, have been examined in this case.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-I, Jamui in connection with S.T. Case No. 406 of 2017, arising our of Jamui P.S. Case No. 39 of 2017. One of the surety must be parents/close relative of the petitioner.

(Rajendra Kumar Mishra, J) manish/- U T