Dayanand Chaurasiya @ Dayaram Chaurasiya @ Dayaram Prasad Chaurasiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22691 of 2024 Arising Out of PS. Case No.-608 Year-2021 Thana- GOGRI District- Khagaria ====================================================== Dayanand Chaurasiya @ Dayaram Chaurasiya @ Dayaram Prasad Chaurasiya Son of Late Mohan Prasad Chaurasiya @ Mohan Mandal Resident of Village- Barahara, Police Station- Gogri, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vivekanand Singh, Adv.
For the Opposite Party/s :
Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-07-2024
1. Heard the parties.
2. Petitioner seeks regular bail in connection with Gogri P.S. Case No. 608/ 2021 dated 27.12.2021 registered for the offence(s) punishable under Section(s) 364, 302, 201/34 of the Indian Penal Code.
3. Mr. Vivekanand Singh, learned counsel for the petitioner submits that petitioner earlier approached this court for the relief of regular bail by way of filing Cr. Misc. No. 43156/ 2022 which was rejected by this court vide order dated 13.02.2023 and as per F.I.R., the main allegation is against coaccused, Navita Kumari @ Vinita Kumari, daughter of this petitioner, who has been granted bail by this court vide order dated 09.02.2024 passed in Cr. Misc. No. 3840 of 2024 and the
Patna High Court CR. MISC. No.22691 of 2024(3) dt.08-07-2024 2/3 petitioner has been made accused mainly on account of the recovery of the dead body of the deceased but no one has claimed to have seen this petitioner murdering the deceased. It is further submitted that one other co-accused, namely, Indra Devi has also been granted bail by this court and the petitioner has been languishing in custody since 29.12.2021 and fresh grounds taken by the petitioner for the relief of bail are his long incarceration period and no progress in his trial as till date only three prosecution witnesses out of ten have been examined.
4. Mr. Syed Ehteshamuddin, learned APP appearing for the State opposes the bail prayer.
5. Heard both sides. Though there is serious allegation against this petitioner but considering his custody period which is two and half years and prosecution is slow in producing and examining the prosecution witnesses as only three prosecution's witnesses have been examined so far, as appearing from the report of learned trial court and the last witness was examined on 01.09.2023, hence this court is now inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail in connection with Gogri P.S. Case No. 608 of 2021 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.22691 of 2024(3) dt.08-07-2024 3/3 the Court concerned.
(Shailendra Singh, J) BKS/- U T