Arjun Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22440 of 2020 Arising Out of PS. Case No.-542 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== ARJUN CHOUDHARY Son of Late Nand Keshwar Choudhary Resident of Village - Keshapi, P.S.- Dobhi, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302 and 201 of the Indian Penal Code. Prosecution case in short is that a decomposed dead body of a female was recovered from a well.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.22440 of 2020(2) dt.11-09-2020 2/2 tampering of witnesses alleged against the petitioner. The petitioner is in custody since 26-10-2019. Charge sheet/Prosecution report in this case has already been submitted. The petitioner is not named in the FIR. In course of investigation, the name of the petitioner surfaced in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 542 of 2018.

(Sudhir Singh, J) A.K.V.//- U T