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Patna High CourtCR. MISC./17048/2023allowed

Prabhakar Chaudhary @ Prabhakar Kumar v. The State Of Bihar

2023-06-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17048 of 2023 Arising Out of PS. Case No.-275 Year-2022 Thana- BAKHTIYARPUR District- Patna ====================================================== PRABHAKAR CHAUDHARY @ PRABHAKAR KUMAR Son of Jogendra Chaudhary @ Joga Chaudhary Resident of Village- Dedaur, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 201/34 of the Indian Penal Code.

The allegation against the petitioner along with others is of kidnapping the son of the informant and killed him. It is further alleged that the body of the deceased was recovered from a river.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The informant is not an eye-witness. On the basis of suspicion, the name of the petitioner has come into

Patna High Court CR. MISC. No.17048 of 2023(3) dt.26-06-2023 2/2 light. There is no consistent evidence and no eye-witness to the alleged occurrence. He is languishing in judicial custody since 30.06.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-1st Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 275 of 2022.

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