Arjun Chouchan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24340 of 2021 Arising Out of PS. Case No.-313 Year-2020 Thana- SIRDALA District- Nawada ====================================================== Arjun Chouchan S/O Kailash Chouhan Resident Of Village- Chotki Tateriya, Ps- Meskaur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Sirdalla (Meskaur) P.S. Case No. 313 of 2020 registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code. Allegation against the petitioner is that petitioner along with other co-accused persons had killed son of the informant and hanged his dead body on a tree while he went outside to attend nature's call. It is alleged that earlier petitioner and other co-accused persons gave threatening to informant's son to kill him.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.24340 of 2021(2) dt.17-08-2021 2/2 petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. He submits that there is no eye witness in the present case to support the allegation against the petitioner and only on suspicion petitioner has falsely been made accused in this case. He further submits there is old dispute between both sides and the petitioner's side has lodge the complaint case such as Complaint Case No. 1095 of 2019 against the informant. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as has been mentioned in para 3 of this bail petition and has been languishing in custody since 18.09.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor Court in connection with Sirdalla (Meskaur) P.S. Case No. 313 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T