Manoj Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27138 of 2021 Arising Out of PS. Case No.-21 Year-2020 Thana- SHAMBHUGANJ District- Banka ====================================================== MANOJ CHOUHAN Son of Patali Chouhan Resident of Village- Bari Khajuri, P.S.- Shambhuganj, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee, Advocate.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-09-2021 Let the defects be removed within two weeks of the start of the normal functioning of the Court. Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 302 and 120B/34 of the Indian Penal Code.

Submission is that only suspicion is there against the petitioner and others to have committed the murder. The suspicion is due to land dispute between the parties. Considering the facts aforesaid, co-accused Patali Chouhan was allowed bail by a co-ordinate Bench of this Court vide order at Annexure-2. Petitioner has got no criminal antecedent. Petitioner is in custody since 25.11.2020. Investigation of the case is already complete.

Patna High Court CR. MISC. No.27138 of 2021(2) dt.30-09-2021 2/2 Considering lack of sufficient material against the petitioner for further detention as under trial prisoner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (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 Sessions trial No. 45 of 2021, arising out of Shambhuganj P.S. Case No. 21 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(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.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T