Chuchu Kumar @ Chuchu Prasad @ Chuchu Yadav Vs… — Murder and Culpable Homicide | Patna HC (2024)

Chuchu Kumar @ Chuchu Prasad @ Chuchu Yadav Vs… — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Bail granted: petitioner directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court below, in connection with Danapur P.S. Case No.639 of 2019, subject to the five conditions set out at paras 20-25.

Issue for consideration

Whether the petitioner, charged under S.302, S.120(B)/34 IPC and S.27 Arms Act in Danapur P.S. Case No.639 of 2019, whose bail prayers were twice rejected earlier (01.06.2021 and 30.03.2022) and who is in custody since 17.08.2019, should now be enlarged on bail.

Court's answer

The petitioner is directed to be enlarged on bail in connection with Danapur P.S. Case No.639 of 2019, on furnishing a bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court below where the case is pending (or successor Court), the grant being made considering the submissions made and the petitioner's period of custody since 17.08.2019.

Ratio / Principle

The grant of bail is subject to five conditions: (1) one bailor to be the petitioner's own close relative, giving on affidavit the genealogy showing the relationship and undertaking to inform the court of any change in the petitioner's address; (2) the bailor to state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of a similar nature, whereupon the court below may initiate proceedings for cancellation of bail for misuse; (3) the petitioner shall remain physically present in court on each and every date during trial, and failure on two consecutive dates without sufficient reasons renders his bail bonds liable to cancellation; (4) the petitioner shall cooperate with the investigation, if not concluded, and make himself available when required, failing which the State may move for cancellation of bail; and (5) the petitioner shall appear before the police station of his local area in the first week of each month till disposal of the case.

Detailed headnote1 paragraphs

Bail granted (oral order dated 03-04-2024) by Justice Anjani Kumar Sharan, Patna High Court, in Cr. Misc. No.13363 of 2024, arising out of Danapur P.S. Case No.639 of 2019 (charges: u/s 302, 120(B)/34 IPC and section 27 Arms Act). The petitioner, twice refused bail earlier (01.06.2021, Cr. Misc. No.3772 of 2021; 30.03.2022, Cr. Misc. No.5027/2022) and in custody since 17.08.2019, was enlarged on bail on a bond of Rs. 25,000 with two sureties of like amount. Trial-progress report (called 01.03.2024, kept at Flag ‘R’) showed the informant declared hostile, with one eye witness, two official witnesses, the I.O. and the Doctor yet to be examined. Bail subject to five conditions: close-relative bailor with affidavit of genealogy and address-change undertaking; affidavit undertaking to notify the court if the petitioner is later accused in a similar case (else cancellation may be initiated for misuse); attendance in court on every trial date (bonds cancellable after two consecutive unjustified absences); cooperation with any unconcluded investigation; and monthly reporting to the local police station in the first week until disposal of the case.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13363 of 2024

Arising Out of PS. Case No.-639 Year-2019 Thana- DANAPUR District- Patna

======================================================

CHUCHU KUMAR @ CHUCHU PRASAD @ CHUCHU YADAV S/O LATE DINESH RAI @ DINESHWAR RAI @ BINDESHWAR RAI @ BINESH RAI R/O VILLAGE- NIZAMAT NAGAR KRISHI FARM, P.SSHAHPUR, DISTT.- PATNA.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Sunil Kumar For the Opposite Party/s : Mr.Chandra Sen Prasad Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

3 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable u/s 302, 120(B)/34 of the IPC and section 27 of the Arms Act.

Earlier, twice, the prayer for bail of this petitioner was rejected vide order dated 01.06.2021 passed in Cr. Misc. No.3772 of 2021 and 30.03.2022 passed in Cr. Misc. No.5027/2022 by this Court.

The petitioner has now filed this application for bail.

A report was called for in this case on 01.03.2024. The same has been received and kept at Flag ‘R’. It is stated in the said report that one eye witness and two official witnesses I.O.

Patna High Court CR. MISC. No.13363 of 2024(3) dt.03-04-2024 2/3

and Doctor have remained for examination. It is submitted by learned counsel for the petitioner that the informant has been declared hostile. He enclosed the deposition of the P.W.4. It is further submitted that the petitioner is in custody since 17.08.2019.

Considering the submissions made and the period of custody of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Danapur P.S. Case No.639 of 2019, subject to the following conditions:

(1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

Patna High Court CR. MISC. No.13363 of 2024(3) dt.03-04-2024 3/3

(3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(5) The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.

(Anjani Kumar Sharan, J)

pallavi/-

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