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Patna High CourtCR. MISC./25068/2015bail granted

Murari Choudhary v. The State Of Bihar

2015-07-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25068 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Murari Choudhary Son of Late Balmiki Choudhary R/o Village - Dadpur, P.S. - Bhagwanpur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. S.Eheteshmuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-07-2015 Heard learned counsel for the petitioner and learned A.P.P. appearing for the State The petitioner is in custody in a case registered under Sections 302, 201 and 34 of the Indian Penal Code. The prosecution case, in brief, is that the informant has filed a written report before the police on 16.01.2015 that his brother was missing from 14.01.2015.

On 18.01.2015 a dead body recovered from a well has been identified as the brother of the informant having multiple injury to his body. The informant has apprehension that due to enmity the petitioner and other co-accused have killed the deceased.

It is submitted on behalf of the petitioner that the petitioner is in custody since 19.01.2015 and charge sheet

Patna High Court Cr.Misc. No.25068 of 2015 (2) dt.21-07-2015 has been submitted in the case. It is further submitted that the alleged occurrence is said to have been taken place on 14.01.2015, but the FIR was instituted on 16.01.2015 and there has been no explanation in respect to the delay on the part of the prosecution.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released 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 Sri Rajesh Kumar Dwivedi, learned J.M. Ist Class, Begusarai, in connection with Bhagwanpur (Tiyai) P.S. Case No. 9 of 2015. (Sudhir Singh, J) Chandran U T