Patna High CourtCR. MISC./9120/2023allowed

Suro Chouhan v. The State Of Bihar

2023-05-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9120 of 2023 Arising Out of PS. Case No.-135 Year-2022 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

Suro Chouhan Son Of Late Shibu Chouhan Resident Of Village - Parariya, P.S.- Shambhuganj, District - Banka 2.

Dabla Chouhan @ Dablu Chouhan Son Of Suro Chouhan Resident Of Village - Parariya, P.S.- Shambhuganj, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

The allegation against the petitioners along with co-accused persons is that they have committed murder of son of the informant by tying a towel around his neck. Learned counsel for the petitioner submits that the petitioners are innocent and have committed no offence. The informant is not an eye witness of the alleged occurrence but merely on the basis of suspicion the

Patna High Court CR. MISC. No.9120 of 2023(3) dt.03-05-2023 2/2 petitioners have falsely been implicated in this present case. It is further submitted that no consistent material found against the petitioners moreover, they are languishing in judicial custody since 10.10.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shambhuganj P.S. Case No. 135 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka.

(Sunil Kumar Panwar, J) Manish/- U T