Pintu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63964 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- IMAMGANJ District- Gaya ====================================================== Pintu Choudhary S/o Vijay Chodhary Resident of Village- Chotki Bagahi, P.S. Imamganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Namrata Mishra, Advocate For the Opposite Party/s :

Mr. Sri Binod Kumar 2 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Imamganj P.S. Case No. 18 of 2018 (G.R. No. 471 of 2018) registered for the offences punishable under Sections 364, 302, 201, 120 (B)/34 of the Indian Penal Code. There is vague allegation made against F.I.R. named accused including petitioner of committing murder of elder brother and bhabhi by the informant. There is no eyewitness of the occurrence. It has been submitted that petitioner is innocent and allegations are omnibus and general in nature. Besides suspicion there is no other material against the petitioner. No one has seen the petitioner along with deceased. Similarly placed co-accused have been granted bail by co-ordinate bench of this court in Cr.

Patna High Court Cr.Misc. No.63964 of 2018(2) dt.31-10-2018 2/2 Misc. No. 44371 of 2018 and Cr. Misc. No. 47892 of 2018 vide order dated 04.09.2018 and 20.08.2018 receptively. Petitioner is in custody since 21.06.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Imamganj P.S. Case No. 18 of 2018 (G.R. No. 471 of 2018) with following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case case diary, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/Manoj U T