Ram Babu Chaoudhary @ Ramu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36668 of 2021 Arising Out of PS. Case No.-255 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== RAM BABU CHAOUDHARY @ RAMU CHOUDHARY Son of Late Mahendra Choudhary Resident of Village - Turki, Purani Dharari, P.S.- Minapur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 302, 120(B)/34, 506 of the Indian Penal Code.

Prosecution case, in short, is that on 10.07.2020, the informant got information that his brother has been killed. One day prior, co-accused Nageshwar Sah called his brother and took him to Turki Gharari, where the accused persons including the petitioner killed his brother.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.36668 of 2021(2) dt.29-03-2022 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. As per the allegation, the deceased was in love affairs with the niece of the petitioner. There is no eye witness to the manner of occurrence. The name of the petitioner has transpired in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in this case. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Minapur P.S. case No.255/2020, G.R. No.2872 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T