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Patna High CourtCR. MISC./17509/2017allowed

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

2017-05-03Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.17509 of 2017 (2) dt.03-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17509 of 2017 Arising Out of PS.Case No. -138 Year- 2014 Thana -MANIHARI District- MUZAFFARPUR ======================================================

1. Rahul Kumar Chaudhary @ Rahul Chaudhary, Son of Sri Ashok Kumar Chaudhary, Resident of Village- Chakbhikhi, P.S.- Maniyari, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 17.12.2016 in connection with Maniyari P.S. Case No. 138 of 2014 registered under Sections 341, 323, 307, 395, 397 and 511 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. and merely on the basis of confessional statement of the co-accused, name of this petitioner has surfaced in this case. Nothing has been recovered from the conscious possession of the petitioner nor the petitioner has put on T.I.P. till date. The petitioner is rotting in custody for the last four months. Considering the nature of accusation, let the petitioner,

Patna High Court Cr.Misc. No.17509 of 2017 (2) dt.03-05-2017 above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., (West) Muzaffarpur in connection with Maniyari P.S. Case No. 138 of 2014. (Arvind Srivastava, J) brajesh/- U T