Birendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27122 of 2020 Arising Out of PS. Case No.-81 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== BIRENDRA CHAUDHARY S/o Sri Badri Chaudhary Resident of VillageNaya Tola (Basti) Harpurwa, P.S.-Jogapatti, District-West Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-10-2020 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 restoration of normalcy. 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, 201, 34 of the Indian Penal Code. The prosecution case in short is that the accused persons came to the house of the informant and took his son with them. Later his son was not returned and his dead body was found in the water.

Patna High Court CR. MISC. No.27122 of 2020(2) dt.20-10-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.03.2020 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. Learned counsel for the petitioner submits that at best it is a case of last seen. Except for this, there is no other substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to show 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 S.D.J.M., Bettiah, West Champaran in connection with Chanpatia (Sirisiya O.P.) P.S. Case No. 81 of 2020. (Sudhir Singh, J) Pankaj/- U T