Sonelal Chaudhary @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13572 of 2024 Arising Out of PS. Case No.-330 Year-2023 Thana- NAGAR District- Vaishali ====================================================== Sonelal Chaudhary @ Sonu S/o Bahadur Chaudhary R/o vill - Pokhara Mohalla, P.S. - Hajipur Town, Distt. - Vishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 364, 365 of the Indian Penal Code.

As per allegation in the F.I.R., the petitioner along with co-accused person came to the house of the informant and took her husband for work who did not return. The informant has apprehension that both have killed her husband and get him disappeared.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.13572 of 2024(3) dt.19-04-2024 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is inordinate delay of about one month in lodging the F.I.R. The victim has returned to his home and he stated in his statement recorded u/s 164 of Cr.P.C. that he along with petitioner and co-accused Ram Ishwar Das were going to Banglore in search of work by train and he became unconscious after drinking water in the train during travelling and regain consciousness in Banglore, lying on road in abandoned State. He has not made any allegation against the petitioner. Moreover, the petitioner is languishing in judicial custody since 16.12.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused Ram Ishwar Das @ Lambu has already been granted bail vide order dated 15.12.2023, passed in Cr. Misc. No. 70061 of 2023 by this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Patna High Court CR. MISC. No.13572 of 2024(3) dt.19-04-2024 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Hajipur Town P.S. Case No. 330 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali, Hajipur.

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