Raju Choudhary @ Rajendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19354 of 2019 Arising Out of PS. Case No.-657 Year-2018 Thana- KAHALGAON District- Bhagalpur ====================================================== Raju Choudhary @ Rajendra Choudhary Son of Late Kailu Choudhary @ Late Kalu Choudhary Resident of Village-Laugain, P.S- Shivnarayanpur, Dist.-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiwesh Chandra Mishra For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 302/201 of the Indian Penal Code.

The brother of the informant had left the house along with co-accused Pankaj Chaudhary. Thereafter, his dead body was noticed and FIR was lodged against Pankaj Chaudhary only. Petitioner's name surfaced in the confessional statement of co-accused Pankaj Chaudhary.

Submission is that confession before the police by the co-accused is no evidence against the petitioner. Besides this no other material is against the petitioner. Investigation of the case

Patna High Court CR. MISC. No.19354 of 2019(4) dt.03-06-2019 2/2 is already complete.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Kahalgaon (Shivnarayanpur) P.S. Case No.657 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T