Lakhan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21760 of 2020 Arising Out of PS. Case No.-165 Year-2018 Thana- Amdabad District- Katihar ====================================================== Lakhan Choudhary, aged about 50 years, Male, S/o Late Raju Choudhary, a resident of village - Kasba Tola, Ward No. 11, Gadai Diyara, P.S. - Amdabad, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajni Kant Jha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03.

02.09.2020 Heard Mr. Rajni Kant Jha, learned counsel for the petitioner and Mr. Shailendra Kumar, learned APP for the State.

This is an application for grant of bail in connection with Amdabad P. S. Case No. 165 of 2018 dated 21.09.2018 instituted for the offences under Sections 302 / 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

It has been alleged in the F.I.R. that many persons including the petitioner had come to his home looking for his son. Later, the son of the informant was

found to have been shot dead.

The learned counsel for the petitioner submits that the informant is not an eye-witness to the occurrence. The information about the occurrence was gathered by him through somebody else. There is no specific accusation against the petitioner.

Under similar circumstances one of the accused persons of this case, namely Birendra Chaudhary has been granted bail by a Bench of this Court vide order dated 04.03.2020 passed in Cr. Misc. No. 67799 of 2019.

The petitioner is in custody since 06.01.2020. Regard being had to the afore-stated facts, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar, in connection with Amdabad P. S. Case No. 165 of 2018.

This petition stands allowed.

(Ashutosh Kumar, J) skm U T