Om Prakash Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31813 of 2024 Arising Out of PS. Case No.-300 Year-2021 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Om Prakash Chaudhary S/o- Madhav Chaudhary Village- Dumwalia Ward No.9, Nawka Tola, PS-Bagah Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Anand Kishore Choudhary, Advocate For the State :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Sections 364, 302, 201 and 120B of the Indian Penal Code.
3. As per prosecution case, it is alleged that due to land dispute, all the accused persons named in the complaint petition, including this petitioner, committed murder of son of the informant and threw the dead body at the railway track to show it as an accidental case.
4. It is submitted by learned counsel appearing on behalf of the petitioner that from bare perusal of the complaint petition it is apparent that only a suspicion has been raised against this petitioner. Informant is not an eye-witness of the
Patna High Court CR. MISC. No.31813 of 2024(4) dt.08-07-2024 2/2 alleged occurrence. After investigation, police has submitted final form against the petitioner. Similarly situated co-accused persons, namely Ramayan Chaudhary, has already been granted the privilege of anticipatory bail by this Court vide order dated 18.03.2024 passed in Cr. Misc. No. 14358 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, nature of accusation and claim based on parity, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 3rd A.C.J.M., Bagaha, West Champaran, in connection with Tr. No. 1171 of 2023 arising out of Complaint Case No. 300 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T