Kariban @ Monu Chauhan @ Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33819 of 2021 Arising Out of PS. Case No.-208 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== KARIBAN @ MONU CHAUHAN @ MONU KUMAR SON OF RAM BABU CHAUHAN Resident of Village - Charrah, P.O. Azwan, P.S.- Naubatpur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Deo Singh, Mr.Satish Kumar Giri Mr. Rajesh Kishore For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-12-2021 Heard learned counsel for the parties.

Petitioner seeks regular bail in connection with Naubatpur P.S. Case No. 208 of 2020 registered for the offence under Section 302 /34 of the I.P.C.

Allegation in nutshell is that that the father of the informant on 17-04-2020 went to sleep in the shop but on the next day the informant received information that his father was killed. Suspicion has been raised against the petitioner and other named accused persons.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and there is no eye witness to the occurrence and he has been made accused merely on the basis of suspicion that petitioner along with other accused persons had earlier threatened the father of the informant with dire consequences. Learned counsel next submits that similarly situated co-accused persons namely,

Patna High Court CR. MISC. No.33819 of 2021(2) dt.22-12-2021 2/2 Pintu Chauhan and Prem Chauhan have been granted bail by different Co-ordinate Benches of this Court in Cr. Misc. Nos. 39821 of 2020 & 37351 of 2020, the petitioner is in custody since 28/11/2020 having no criminal antecedent. Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 28/11/2020 having no criminal antecedent, charge sheet has already been submitted and similarly situated accused persons have been granted bail by different Co-ordinate Benches of this Court, I am inclined to grant regular bail to the petitioner after framing of charge .

Accordingly, let the petitioner, above named, be released on regular bail after framing of charge on furnishing bail bond of Rs. 10000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur, Patna in connection with Naubatpur P.S. Case No. 208 of 2020.

(Anil Kumar Sinha, J) praful/- U T