Prabhakar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4206 of 2015 Arising Out of PS.Case No. -639 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================
1. Prabhakar Choudhary S/O Late Rambriksh Chaudhary Resident of vill- Makandpur,P.S-Gopalpur,Distt.-Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Pramod Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-05-2015 Heard both sides.
The petitioner seeks bail in Kotwali (Barari) P.S.Case No. 639 of 2014 registered under Sections 364/34 IPC. The father of the victim alleged that his son Rahul @ Sameer Kumar Choudhary left his house on 10.9.2014 at 9 A.M by his Indigo Car bearing Registration No.BR-10R-9588 and when he did not return till late in the night, Saurav Kumar and Bathneshwar Kumar Choudhary, his younger brothers, went in his search and near Nirankari Hotel, they found Rahul Kumar, along with Bauwa Kumar and Prabhat Choudhary and one person of village Akalpur sitting. They were eating and drinking in the Hotel. Rahul Kumar rang the informant to bring ATM Card at 1.30 in the night but the informant did not go there. In the next morning, the Car of Rahul Kumar was found on the bridge. The informant suspected that the petitioner and others might have killed Rahul Kumar.
It is submitted that except suspicion, there is no
Patna High Court Cr.Misc. No.4206 of 2015 (5) dt.05-05-2015 2/2 material against the petitioner. The only material against the petitioner is that he was also found taking wine with Rahul Kumar. During the course of investigation, the police did not collect any cogent material.
Learned APP did not dispute this fact.
Considering the facts aforesaid, the petitioner, named above, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S.Case No.639 of 2014. (Prabhat Kumar Jha, J) ahk/- U T