Hari Nath Chaubey v. The State Of Bihar
Patna High Court Cr.Misc. No.55347 of 2015 (3) dt.24-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55347 of 2015 Arising Out of PS.Case No. -284 Year- 2010 Thana -ARA NAWADA District- BHOJPUR ====================================================== Hari Nath Chaubey son of Late Bishwanath Chaubey, resident of VillageMahadeopur, P.S.- Tarari, District- Bhojpur at present Mohalla- Gorana Road, Co-operative Colony, P.S.- Arrah Nawada, District- Bhojpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ashok Kumar Singh, Advocate For the Opposite Party : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Arrah Nawada P.S. Case No. 284 of 2010 for the offences instituted under Sections 302/34 of the Indian Penal Code. As per prosecution case that the informant registered a case of murder against three FIR named accused persons after death of his son but during course of investigation the name of this petitioner came up who has been working as Sub-Inspector of Police Station Ara Nawada during the relevant period and it is alleged that he along with other co-accused persons was involved in causing death of the son of the informant. It has been submitted on behalf of the petitioner that the
Patna High Court Cr.Misc. No.55347 of 2015 (3) dt.24-02-2016 petitioner has got no criminal antecedent. There is case and counter case. Petitioner is not named in the FIR. After a period of five years, the petitioner has been made accused along with coaccused, namely, Vijay Kumar Singh. The said Vijay Kumar Singh has already been granted anticipatory bail by this Court vide Cr.Misc.No.50500 of 2015.
On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Arrah Nawada P.S. Case No. 284 of 2010 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur, Arrah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) B.Kr./- U T