Barun Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30225 of 2023 Arising Out of PS. Case No.-222 Year-2020 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Barun Chaupal Son Of Rajendra Chaupal Resident Of Village And Post And Police Station - Ghanshyampur, District Darbhanga ... ... Petitioner/S

Versus

The State Of Bihar Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Jha For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 328, 302/34 of the Indian Penal Code.

As per prosecution case, it is alleged by the informant that the five named accused persons including this petitioner is that they administered poison in liquor of the brother of the informant as a result of which he died after consuming the same.

Patna High Court CR. MISC. No.30225 of 2023(2) dt.16-05-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. The petitioner has no concern with the alleged occurrence and there is general and omnibus allegation attributed against him. It is submitted that deceased brother of the informant was a habitual of drinking and due to over consumption he died. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 15.11.2021 passed in Cr. Misc. No. 19063 of 2021. It is further submitted that the petitioner is languishing in judicial custody since 27.01.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ghanshayampur P.S. Case No. 222 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of

Patna High Court CR. MISC. No.30225 of 2023(2) dt.16-05-2023 3/3 the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Biraul District Darbhanga. (Sunil Kumar Panwar, J) Manishkumar/- U T