Gaurav Anand @ Chhotu Argaria v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22467 of 2020 Arising Out of PS. Case No.-53 Year-2019 Thana- BALUA BAZAR District- Supaul ====================================================== GAURAV ANAND @ CHHOTU ARGARIA Son of Shiv Shankar @ Ram Shankar Argaria Resident of Village- Matiyari, Ward No.14, Police StationBalua Bazar, Distt- Supaul . ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2020 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 defects, 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 instituted for the offences under Sections 302, 120B and 34 of the Indian Penal Code.

The prosecution case in short is that the accused person caused death of the husband of the informant while the

Patna High Court CR. MISC. No.22467 of 2020(2) dt.15-09-2020 2/2 accused persons were coming along with her husband. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.12.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. As per the F.I.R., at best it is a case of last seen. There is no eye witness to the alleged occurrence nor there is any circumstantial evident to suggest the participation of the petitioner in the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Birpur (Supaul) in connection with Balua Bazar P.S. Case No. 53/19.

(Sudhir Singh, J) Pankaj/- U T