Manish Jaiswal @ Guddu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25741 of 2024 Arising Out of PS. Case No.-298 Year-2017 Thana- SINGHESHWAR District- Madhepura ====================================================== Manish Jaiswal @ Guddu Chaudhary, S/o Bimal Kumar Chaudhary, R/o Village ward no. 08, Gauripur, P S Singheswar, Distt. - Madhepura, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Ojha, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Singheswar P.S. Case No. 298 of 2017 registered for the offences punishable under Sections 302, 461, 379/34 of the Indian Penal Code.

3. As per prosecution case, the brother of the informant was killed by the petitioner and other accused person by sharp cutting weapon when his brother was slept in his mobile shop on account of an altercation took place some days before the occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case on account of local politics. The police after

Patna High Court CR. MISC. No.25741 of 2024(3) dt.31-07-2024 2/3 investigation submitted charge-sheet against the other coaccused persons but the petitioner was not sent up for trial and the petitioner was exonerated from the present case, however, the concerned court has taken cognizance against the petitioner also. He further submits that the petitioner was gone to attend a marriage ceremony at Mumbai on the date of occurrence. However, he has been implicated in this case due to earlier dispute. The investigation has already been completed and charge-sheet has been filed and the cognizance has been taken and there is no chance of absconding and tampering with the evidence. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.25741 of 2024(3) dt.31-07-2024 3/3 concerned Court where the case is pending in connection with Singheshwar P.S. Case No. 298 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T