Budhdeo Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8594 of 2025 Arising Out of PS. Case No.-118 Year-2024 Thana- MANPUR District- Nalanda ====================================================== Budhdeo Chauhan S/O Late Narayan Chauhan R/O Village- Nevazibigha, P.S- Manpur, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 140(1), 61(2), 103, 103(2), 126(2), 115(2), 74, 238, 324(4) of the Bharatiya Nyaya Sanhita.

3. The case of the prosecution is that the accused persons including this petitioner abducted the brother of the informant. After that they assaulted him with an iron rod, hockey stick and threw the dead body in Gordhoba River. It is also alleged that knife blow was given in both of the eyes. The brother of the informant was brutally murdered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.8594 of 2025(2) dt.19-03-2025 2/3 falsely been implicated in this case. From perusal of the FIR, it is clear that the informant has not seen the occurrence and he is not the eye witness but in later part of the FIR he has stated that at the place of occurrence, his mother Sunita Devi, sister Saloni Kumari and Khushboo were there. They have given their statement before police and in their statement they have reiterated the FIR. From perusal of the statement of the witnesses who claim to be eye witness, it transpires that they have not seen the occurrence as the FIR was lodged when the dead body was recovered. There is no any specific allegation against the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 17.08.2024 and he has got no criminal antecedent as mentioned in para-3 of this petition. Similarly situated other co-accused persons have already been granted bail by this Court vide order dated 11.02.2025 in Cr. Misc. Nos. 88514 of 2024 and 88973 of 2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with

Patna High Court CR. MISC. No.8594 of 2025(2) dt.19-03-2025 3/3 Manpur P.S. Case No. 118 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I Nalanda at Biharsharif.

(Ashok Kumar Pandey, J) Shubham/- U T