Chandan Chaudhary @ Chandan Kumar Chaudhary @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14077 of 2023 Arising Out of PS. Case No.-318 Year-2022 Thana- DESARI District- Vaishali ====================================================== Chandan Chaudhary @ Chandan Kumar Chaudhary @ Chandan Kumar S/O Late Naresh Chaudhari Resident Of Village- Naya Ganj, P.S.- Desari, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 328, 120(B)/34 of the Indian Penal Code. The prosecution case as per F.I.R is that on 04.08.2022, the informant received information that Chhathi Ceremony of child of Chandan Choudhary has been arranged at his house in Nayaganj in which Chandan Chaudhary, Nandan Chaudhary, Dinesh Chaudhary and Manoj Sah had participated. It is further

Patna High Court CR. MISC. No.14077 of 2023(3) dt.24-06-2023 2/3 alleged that due to taking of poisonous meal, several persons became ill and subsequently Sunil Chaudhary and Deepak Sah died.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 04.08.2022, F.I.R was registered on 07.08.2022 without explaining the delay. There is no any cogent and reliable evidence with regard to giving poisonous substance to deceased Sunil Chaudhary against the petitioner. It might be possible that deceased died due to other disease or other causes. The petitioner is languishing in custody since 25.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.14077 of 2023(3) dt.24-06-2023 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate, IX, Vaishali at Hajipur in connection with Desari P.S. Case No. 318 of 2022.

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