Patna High CourtCR. MISC./33360/2015bail granted

Prashant Kumar @ Sonu v. The State Of Bihar

2015-10-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33360 of 2015 Arising Out of PS.Case No. -56 Year- 2015 Thana -BIHPUR District- BHAGALPUR ====================================================== Prashant Kumar @ Sonu Son of Manohar Choudhary Resident of Village - Amarpur, P.S.- Bihpur, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Yadav For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap(App) i===================================================== = CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-10-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 328, 302 and 201/34 of the Indian Penal Code. Allegation is that there is doubt against the petitioner of commission of murder of Dr. Sachchidanand Choudhary. It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 17.6.2015. Chargesheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. There is no direct or indirect evidence against the petitioner. Petitioner is nephew of the deceased.

Merely on the basis of suspicion he has been named in the present case. Petitioner is a student of B.A. Part-I. From perusal of the chargesheet, which is Annexure-3 to the supplementary affidavit, it appears that police has found the case true under Section 306 of the Indian Penal Code. Other coaccused has been granted bail vide Cr. Misc. no. 24676 of 2015.

Patna High Court Cr.Misc. No.33360 of 2015 (3) dt.06-10-2015 2 / 2 named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Naugachia, Bhagalpur in connection with Bihpur P.S. Case no. 56 of 2015.

(Sudhir Singh, J) sudip/- U T