Ram Dayal Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12541 of 2023 Arising Out of PS. Case No.-192 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== Ram Dayal Choudhary S/O Dev Lal Choudhary Resident Of Village- Kararia, P.S.- Masaurhi, District- Patna.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rishikesh Narayan Sinha For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 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 302, 201, 120(B)/34 of the Indian Penal Code.

The prosecution case in nutshell is that after getting information about a beheaded body thrown in Kapla Machla, he reached at the said place and saw that beheaded body of a woman is thrown at the bank of Aahar. Informant is confident that some unknown criminals have killed the woman and threw the body in

Patna High Court CR. MISC. No.12541 of 2023(2) dt.16-05-2023 2/3 order to conceal it.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor anything incriminating has been recovered from his conscious possession. The name of petitioner sprang up during investigation of the case. There is no eye witness of the alleged occurrence. It is also submitted that petitioner is languishing in judicial custody since 09.09.2021. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

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

Patna High Court CR. MISC. No.12541 of 2023(2) dt.16-05-2023 3/3 bail in connection with Jehanabad P.S. Case No. 192 of 2021 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 Additional District Judge II, Jehanabad.

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